4.0 Disciplinary Procedures

4.1 Authority

The College appoints an administrators who are responsible for determining disciplinary sanctions to be imposed for violations of the Code of Student Conduct. The Dean of Compliance & Judicial Affairs or Compliance Officer are the designated student conduct administrators.

4.2 Complaints

Any member of the College community may file a complaint against a student alleging misconduct. Unless there are extenuating circumstances or unless the complaint involves allegations that are subject to the College’s Discrimination, Harassment and Sexual Violence Procedure, complaints must be received by the Compliance & Judicial Affairs office within two (2) working days of the alleged incident.

The incident report must contain the following information:

  1. The name, address, telephone number and signature of the person filing the report.
  2. Identification of the student(s) against whom the report is being filed.
  3. Facts alleged, including the name(s) of the respondent and witnesses, date, location and description of the alleged act(s) of misconduct in sufficient detail to enable the Compliance & Judicial Affairs office to make a determination as to whether further fact-finding is necessary or if sufficient evidence exists for a hearing on the charge(s).
  4. When applicable, a reference to the specific Code of Student Conduct provision alleged to have been violated.
  5. An individual with a disability who needs assistance in complying with this procedure may contact the Compliance & Judicial Affairs office for assistance.

Complaints alleging sexual harassment, sexual misconduct, sexual violence, dating violence, domestic violence and stalking are governed by Complaint Procedure 400 found in this Handbook.

4.3 Complaint Investigation and Conference with the Respondent

The Dean of Compliance & Judicial Affairs, the Compliance Officer, or his or her designee will make an initial determination as to whether the allegations, even if true, do not describe a violation of this Code. If the allegations do describe a violation of this Code, then the Dean or designee shall determine whether there is evidence that supports the allegation. The Dean shall interview the reporting party and may interview other witnesses as necessary or appropriate. The Dean will meet with the respondent, describe the allegations against the student and provide the student an opportunity to respond. If the Dean or Compliance Officer or designee determines that reasonable grounds support the complaint, the Dean or Compliance Officer or designee shall inform the respondent of this determination, the proposed penalty and the student’s procedural rights to challenge the charge.

If the Dean determines that there are insufficient grounds to establish that a violation of the Code occurred, the complaint shall be dismissed. The Dean or Compliance Officer or designee shall inform the respondent in writing if the complaint is dismissed and may inform the reporting party if the complaint is dismissed.

The Dean or Compliance Officer or designee will determine an appropriate sanction or sanctions given the seriousness of the charge, the evidence, and the student’s disciplinary history, if any. The charge(s) and the sanction(s) will be communicated in a final communication letter to the student via email and, where necessary, by U.S. mail. The final communication letter will include information on how to dispute the charge(s) and/or the sanction(s).

4.4 Emergency Suspension

In circumstances in which the conduct of a student constitutes an imminent threat or danger to the welfare or safety of the College community, or danger to College property, the College may implement an emergency suspension in accordance with Section 6.0.

4.5 Disciplinary Sanctions

Sanctions are designed to promote the College’s educational mission. Sanctions also promote safety and may deter students from behavior that harms, harasses or threatens people or property. Disciplinary sanctions will be based upon the seriousness of the offense, the student’s attitude, the impact of the misconduct on the College environment, the student’s overall record at the College (including prior discipline, if any) and statutory or other legal requirements, if any. Possible disciplinary sanctions include, but are not limited to:

  1. Written warning: A formal notice stating that the Code has been violated and that future violations may result in greater sanctions.
  2. Disciplinary probation: A sanction that indicates that the individual’s standing with the College is in jeopardy and that further violations may result in suspension or expulsion.
  3. Restitution: A sanction that requires the student to compensate an injured party for loss, damage or injury in the form of money, service or material replacement.
  4. Community service: Performance of a specified number of hours or tasks designed to benefit the College community and/or to help the student understand why his or her behavior was inappropriate.
  5. Class or workshop attendance: Enrollment and completion of a class or workshop designed to help the student understand why his or her behavior was inappropriate.
  6. Educational project: Completion of a project specifically designed to help the student understand why his or her behavior was inappropriate.
  7. Suspension of privileges: Loss of privileges, such as loss of library privileges, computer privileges, parking privileges or the privilege to attend athletic or other extracurricular events.
  8. Removal from courses or activities: Removal from specific courses or activities, including revocation of eligibility to represent the College in athletic or other extracurricular activities.
  9. Counseling/Mentoring: Mandatory counseling sessions, support group attendance or mentoring.
  10. Failing grade: A failing grade may be given for a test, assignment or course.
  11. Restrictions on access: Restriction from entering specific College areas and/or all forms of contact with certain persons.
  12. Suspension: Separation from the College for a specified period of time or until certain conditions are met.
  13. Expulsion: Permanent separation from the College whereby the student is not eligible for readmission.
  14. Revocation of degree: Revocation of degree and withdrawal of diploma.

The College may impose one or more sanctions or conditions for a single offense.  Additionally, these sanctions do not diminish or replace the penalties available under generally applicable civil or criminal laws. Students are reminded that many violations of the code, including harassment and other discriminatory behavior, also may violate local, state and federal laws and may subject the student to additional penalties.

4.6 Student Conduct Appellate Board

Students who have been proposed for expulsion, suspension in excess of five school days, revocation of a diploma/degree, withdrawal of a diploma/degree, or removal from campus pursuant to Sections 51.231-51.243 of the Texas Education Code may request a hearing on the charge and proposed sanction before a campus Student Conduct Appellate Board. The Board shall consist of three full-time faculty members and/or professional staff members appointed by the campus Provost. One Board member shall serve as the chairperson. Board members shall be impartial. Employees who were witnesses to the incident under review or who were involved in the investigation or evaluation of the charges under review shall be ineligible to serve as Board members.

A Student Conduct Appellate Board also shall hear complaints brought under Complaint Procedure 400 of the Handbook (complaints involving allegations of sexual harassment, sexual assault, dating violence, stalking, or domestic violence).  Note: A student's procedural rights under Complaint Procedure 400 and Sections 4.6 and 4.7 of this Handbook are subject to change, depending on future amendments to federal regulations.  Students and employees are advised to consult the website versions of Complaint Procedure 400 and Section 4.7 for the most current copy of the applicable procedures. 

4.7 Hearings

When the Dean or Compliance Officer or designee has determined that there are sufficient grounds to conclude that a student has violated this code and the student disputes the charge(s), the student may request a hearing.  The procedures available to the student will depend on the disciplinary consequences being proposed. Procedure A applies to expulsions, suspensions longer than five school days, revocation of degree, complaints under Complaint Procedure 400, withdrawal of diploma, and removal from campus pursuant to Sections 51.231-51.243 of the Texas Education Code. Procedure B applies to all other disciplinary matters.

4.8 Hearing Procedure A:

Student Conduct Appellate Board

Students who have been proposed for expulsion, suspension in excess of five school days, revocation of a diploma/degree, withdrawal of a diploma/degree, or removal from campus pursuant to Sections 51.231-51.243 of the Texas Education Code may request a hearing on the charge and proposed sanction before a campus Student Conduct Appellate Board. Likewise, respondents accused of misconduct under Complaint Procedure 400 may utilize Hearing Procedure A.  The Board shall consist of three full-time faculty members and/or professional staff members appointed by the campus Provost. One Board member shall serve as the chairperson. Board members shall be impartial. Employees who were witnesses to the incident under review or who were involved in the investigation or evaluation of the charges under review shall be ineligible to serve as Board members.

A Student Conduct Appellate Board also shall hear complaints brought under Complaint Procedure 400 of the Handbook (complaints involving allegations of sexual harassment, sexual assault, dating violence, stalking, or domestic violence).  Note: A student's procedural rights under Complaint Procedure 400 and Sections 4.6 and 4.7 of this Handbook are subject to change, depending on future amendments to federal regulations.  Students and employees are advised to consult the website versions of Complaint Procedure 400 and Section 4.7 for the most current copy of the applicable procedures. 

4.8.1 Notification of Charges and Hearing Rights

  1. All charges shall be presented to the respondent in writing by hand delivery, regular first-class mail or via email to the San Jacinto College email address or other email address designated by the student. A first-class letter will be deemed to have been received on the third day after the date of mailing, excluding any intervening Sunday or federal holiday. An email will be deemed to have been received on the second day after the sending of the message. The notice letter shall contain:
    1. a statement of the specific charges and a general description of the allegations in support of the charges;
    2. the provisions of the Code of Student Conduct that allegedly were violated;
    3. the proposed penalty;
    4. a copy of this procedure; and
    5. contact information for the Dean or Compliance Officer or designee.

A student’s failure to update his or her postal and email addresses with the College, refusal to accept delivery of a letter, or refusal or failure to open email will not constitute good cause for failure to comply with a notice.

  • In cases involving allegations of sexual harassment, sexual assault, dating violence, stalking or domestic violence (see Sections 3.3 and 3.6 and Complaint Procedure 400), the purpose of the hearing is to determine whether the respondent engaged in the alleged conduct and, if a finding of responsibility is made, to recommend a sanction.  Accordingly, the notice letter shall contain the following: (i) a statement of the specific charges and a general description of the allegations in support of the charges; (ii) a general description of the provisions of the Code of Student Conduct that allegedly were violated; (iii) the range of penalties that may be considered by the Appellate Board, should the student be found responsible; (iv) a copy of this procedure; and (v) contact information for the Dean or Compliance Officer or designee.
  1. The respondent shall have 4 working days in which to request a hearing after receipt of the notice. The request must be made in writing and may be sent via hand delivery, U.S. mail, or electronic mail. If the student does not timely request a hearing, the discipline may be imposed without further hearing.
  2. If the respondent requests a hearing, then the hearing ordinarily shall be held within 12 working days of the Dean or Compliance Officer or designee’s receipt of the request for hearing. Upon receipt of the student’s request for hearing, the Dean or Compliance Officer or designee shall promptly notify the respondent in writing of the date, time, and place of the hearing. The notice of hearing may be sent to the respondent by electronic mail, U.S. mail or hand delivery. The notice letter shall identify the hearing panel members and shall summarize the procedural rights afforded to the respondent by this code. The letter shall provide a postal address and email address for the chairperson of the Appellate Board. The letter shall provide:
    1. the names of the witnesses and a brief summary of their knowledge and
    2. a description of the documents or other evidence that the Compliance and Judicial Affairs office intends to present at the hearing.
  3. Upon a showing of good cause, or upon the mutual agreement of the parties, the hearing may be rescheduled.
  4. In cases involving allegations of sexual harassment, sexual assault, dating violence, stalking or domestic violence (see Sections 3.3 and 3.6 and Complaint Procedure 400), the Dean or Compliance Officer or designee shall, subject to the Family Educational Rights & Privacy Act, notify the Title IX Coordinator and the reporting party that the respondent has requested a hearing and the date and time of the hearing. The reporting party shall receive written notice of the information required by Complaint Procedure 400.7. The notice to the reporting party shall include a copy of this procedure.
  5. At least 3 working days prior to the hearing, the Dean or Compliance Officer or designee will make available to the respondent copies of the documents that the Dean or Compliance Officer or designee intends to introduce at the hearing. This deadline does not apply to rebuttal evidence. This deadline may be modified for good cause.
  6. At least 3 working days prior to the hearing, the respondent shall provide the Dean or Compliance Officer or designee:
    1. the names of the student’s witnesses and a brief summary of their knowledge and
    2. copies of documents that the student intends to present at the hearing.
      This deadline may be modified for good cause.
      1. In cases involving allegations of sexual harassment, sexual assault, dating violence, stalking or domestic violence (see Sections 3.3 and 3.6 and Complaint Procedure 400), if the reporting party desires to present witnesses or to introduce documents at the hearing, then the procedure regarding exchange of exhibits and witness list shall also apply to the reporting party. Prior to the hearing and subject to the Family Educational Rights & Privacy Act, the Dean or Compliance Officer or designee shall provide copies of the reporting party’s exhibits and witness list to the respondent and shall provide copies of the respondent’s exhibits and witness list to the reporting party.
  7. At least 4 working days prior to the hearing, the respondent shall submit in writing to the Dean or Compliance Officer or designee and to the chair of the Student Conduct Appellate Board:
    1. any objection that, if sustained, would warrant a postponement of the hearing,
    2. any objection to an appellate board member on the ground of bias or lack of neutrality and
    3. the name of the advisor or attorney, if any, who will appear with the student.
      The student’s advisor or legal counsel may attend the hearing and confer with the student but may not participate or cross-examine witnesses except for proceedings arising under Complaint Procedure 400. An advisor may not be a witness in the matter.  In cases involving allegations of sexual harassment, sexual assault, dating violence, stalking or domestic violence (see Sections 3.3 and 3.6), these procedural rights also shall be afforded to the reporting party.
  8. The College retains the right to have legal counsel present at any hearing, but the attorney shall not participate or cross-examine witnesses unless (i) the case arises under Section 21.231-21.243 of the Education Code (pertaining to the exclusion of students from campus to maintain order during periods of campus disruption) and the student is represented by counsel ort (ii) the case arises under Complaint Procedure 400; or (iii) a party is a qualified person with a disability under federal law and is unable to represent himself or herself at the hearing because of his or her disability.

  9. The respondent may choose at any time to withdraw a request for a hearing on the charges by signing an acknowledgment form and a written waiver of the hearing procedures, located in the Compliance & Judicial Affairs office. The Dean or Compliance Officer or designee will impose an appropriate sanction or sanctions given the nature of the charge, the evidence and the student’s disciplinary history, if any. Although the student will waive the right to contest the charges, the student may appeal the sanction under Section 5.0 of this procedure.
    1. In cases involving charges of sexual misconduct (Section 3.6), stalking (Section 3.3), or domestic violence (Section 3.6), if the respondent waives the right to contest the charges, the Dean or Compliance Officer or designee shall, subject to the Family Educational Rights & Privacy Act, notify the Title IX Coordinator and the reporting party of the disposition of the charge against the respondent. The notice to the reporting party shall be issued to the respondent. The notice shall inform the reporting party that both the reporting party and the respondent have a right to appeal the sanction.

4.8.2 Conducting the Hearing

  1. The Student Conduct Appellate Board shall hear the evidence. The chairperson of the Appellate Board shall preside over the hearing and shall be responsible for preserving order and decorum.
  2. Hearings before the Appellate Board shall be closed to the public. The Board will make a record of the hearing either by tape recording or by a court reporter. No cameras or photographic equipment of any kind, nor any equipment designed or used to record or transmit sound, shall be permitted in the hearing room or in the hallways adjacent to the hearing room while the hearing is in progress or during any recess. This prohibition does not apply to any equipment under the direction of the Appellate Board to make the official recording of the hearing.
  3. If the respondent fails without good cause (as determined by the Appellate Board) to appear at the scheduled hearing after receiving proper notice, the Dean or Compliance Officer or designee may proceed with the hearing in the student’s absence, and the student forfeits any right to appeal. At the conclusion of the hearing, the hearing officer shall provide written notice to the student of the action taken.
  4. The hearing will be conducted as an administrative hearing. Courtroom rules of evidence and judicial rules of civil procedure will not apply. Evidence, however, must be relevant to the proceeding and shall be of the type that would be accepted by reasonable persons in the conduct of their important affairs. Objections shall be directed to the chairperson. The chairperson may limit cumulative, repetitious or irrelevant testimony or documentary evidence and may impose reasonable time limits on the presentation of evidence by the parties. The chairperson may impose reasonable restrictions to prevent the harassment or badgering of witnesses. Finally, although the legal rules of evidence do not apply, the chairperson will give effect to legally recognized privileges, such as the attorney-client privilege. The chairperson may seek legal advice as appropriate, including the seeking of legal advice regarding the assertion of privilege by any party or witness, even if such would require a recess in the hearing.
  5. Both the respondent and the Compliance and Judicial Affairs representative will have an opportunity to make an opening statement, present witnesses, cross-examine the witnesses presented by the other side, present documentary or other tangible evidence, and make a closing statement. Witnesses shall be sworn in by the court reporter or other person authorized by law to administer oaths. Opening statements ordinarily shall be limited to five minutes per side.
  6. The Compliance and Judicial Affairs representative has the burden of proving the charges by a preponderance of the evidence, which means proof that leads a reasonable person to find that the facts are more likely to have occurred than not. The Appellate Board shall determine which evidence or testimony, if any, is probative and credible. The Appellate Board shall determine what weight, if any, to give to particular evidence or testimony.
  7. The Compliance and Judicial Affairs representative will present its witnesses and documentation first, followed by the presentation by the student. The Compliance and Judicial Affairs representative will be permitted to present rebuttal evidence after the student completes the presentation of his or her case.
  8. After each witness has been examined by both parties, members of the Appellate Board may question the witness. No Board member, however, is subject to questioning by either party or any witness.
  9. Each party may present a closing argument. The Compliance and Judicial Affairs representative may reserve time for rebuttal. Neither party may present new evidence during closing arguments. The chairperson shall determine the number of minutes that the parties will be given for closing argument, taking into consideration the complexity of the case.
  10. Before opening statements, all witnesses shall be excluded from the hearing room, with the exception of the student (and his or her advisor) and the member of the Compliance and Judicial Affairs representative. Under this rule, no witness may be present to hear or read the testimony of another witness, and witnesses may not converse with each other or any other person about the case outside the hearing room while the hearing is in progress. Each party is responsible for providing a copy of this rule to that party’s witnesses. This rule does not preclude a witness from conferring with a party’s legal counsel, advisor or representative. The chairperson shall have the authority to impose appropriate sanctions and restrictions for a violation of these instructions, including prohibiting the witness from testifying at the hearing. The prohibitions in this section will remain in effect until closing statements are concluded.
  11. The Student Conduct Appellate Board shall deliberate in private. The Board shall issue written findings within 10 working days of the close of the hearing. The Board’s decision shall state whether the respondent has violated this Code and will set forth findings of fact in support of its conclusion. The decision of the Student Conduct Appellate Board will be communicated in writing to the student and the Compliance & Judicial Affairs Office. The decision of the Student Conduct Appellate Board shall be based on a simple majority vote of the members of the Board.
  12. In cases involving charges of sexual misconduct (Section 3.6), stalking (Section 3.3), or domestic violence (Section 3.6), the following additional procedures will apply:
    1. The reporting party, his or her advisor, and the Title IX Coordinator may attend the hearing and shall not be excluded during the testimony of other witnesses;
    2. The reporting party has a right to have his or her past sexual behavior or predisposition excluded from evidence or discussion, unless such evidence is offered to prove that someone other than the respondent engaged in the act alleged by the reporting party or if the evidence concerns specific incidents of the reporting party’s sexual behavior with respect to the respondent and is offered to prove consent;
    3. The reporting party will be given an opportunity to make an opening statement, if desired, and may proceed either before or after the Compliance and Judicial Affairs representative has presented their case;
    4. The reporting party has a right to question any witnesses;
    5. The reporting party has right to present witnesses and evidence;
    6. The Dean and respondent may question any of the reporting party’s witnesses; however, should the reporting party testify, he or she may testify in a manner, as determined by the chair, that does not require the reporting party to directly confront or be directly questioned by the respondent while still preserving the respondent’s right to challenge such testimony;
    7. The reporting party has a right to present rebuttal evidence and argument and to present a rebuttal to the reporting party's or Dean or Compliance Officer or designee’s proposed sanction or sanctions;
    8. The reporting party has the right to present a closing statement prior to the respondent’s closing statement; and
    9. The reporting party will receive a copy of the Board’s written findings, subject to the Family Educational Rights & Privacy Act.

4.9 Hearing Procedure B:

Impartial Hearing Officer

When the proposed discipline does not involve expulsion, suspension in excess of five working days, revocation of a degree, withdrawal of a diploma, or removal from campus pursuant to Sections 21.231-21.243 of the Texas Education Code, the student may request a hearing on the charge and proposed sanction before an Impartial Hearing Officer. The hearing officer may be a member of the Student Conduct Appellate Board or other full-time faculty member or administrator appointed by the Associate Vice Chancellor of Student Services. The hearing officer shall be impartial. Employees who were witnesses to the incident under review or who were involved in the investigation or evaluation of the charges under review shall be ineligible to serve as the hearing officer.

4.9.1 Notification of Charges and Hearing Rights

  1. All charges shall be presented to the respondent in writing by hand delivery, regular first-class mail or via email to the San Jacinto College email address or other email address designated by the student. A first-class letter will be deemed to have been received on the third day after the date of mailing, excluding any intervening Sunday or federal holiday. An email will be deemed to have been received on the second day after the sending of the message. The notice letter shall contain:
    1. a statement of the specific charges and a general description of the evidence in support of the charges;
    2. the provisions of the Code of Student Conduct that allegedly were violated;
    3. the proposed penalty;
    4. a copy of this procedure; and
    5. contact information for the Dean or Compliance Officer or designee.
      A student’s failure to update his or her postal and email addresses with the College, refusal to accept delivery of a letter, or refusal or failure to open email will not constitute good cause for failure to comply with a notice.
  2. The respondent shall have 4 working days in which to request a hearing after receipt of the notice. The request must be made in writing and may be sent via hand delivery, U.S. mail, facsimile, or electronic mail. If the student does not timely request a hearing, the discipline may be imposed without further hearing.
  3. If the student requests a hearing, then the hearing ordinarily shall be held within 12 working days of the Dean or Compliance Officer or designee’s receipt of the request for hearing. Upon receipt of the student’s request for hearing, the Dean or Compliance Officer or designee shall promptly notify the student in writing of the date, time, and place of the hearing. The notice of hearing may be sent to the student by electronic mail, U.S. mail, or hand delivery. The notice letter shall identify the hearing officer and shall summarize the procedural rights afforded to the student by this code. The letter shall provide a postal address and email address for the hearing officer.
  4. Upon a showing of good cause, or upon the mutual agreement of the parties, the hearing may be rescheduled.
  5. At least three working days prior to the hearing, the respondent shall submit in writing to the Dean or Compliance Officer or designee and the hearing officer
    1. any objection that, if sustained, would warrant a postponement of the hearing,
    2. any objection to the hearing officer on the ground of bias or lack of neutrality, and
    3. the name of the advisor or attorney, if any, who will appear with the student.
      The student’s advisor or legal counsel may attend the hearing and confer with the student but may not participate or cross-examine witnesses. An advisor may not be a witness in the matter. Likewise, the College retains the right to have legal counsel present at any hearing, but the attorney shall not participate or cross-examine witnesses.
  6. In the event that a student is a qualified person with a disability under federal law and is unable to represent himself or herself at the hearing because of his or her disability, the College, as a reasonable accommodation to the student, will permit the student to be represented by counsel at the hearing. If the student is represented by counsel, then the College also may be represented by counsel.
  7. The student may choose at any time to withdraw a request for a hearing on the charges by signing an acknowledgment form and a written waiver of the hearing procedures (located in the Compliance & Judicial Affairs office). The Dean or Compliance Officer or designee will impose an appropriate sanction or sanctions given the nature of the charge, the evidence, and the student’s disciplinary history, if any. Although the student will waive the right to contest the charges and to participate in a hearing, the student may seek review of the sanction under Section 5.0 of this procedure. The Dean or Compliance Officer or designee shall notify the student in writing of the right to appeal the sanction.

4.9.2 Conducting the Hearing

  1. An Impartial Hearing Officer shall hear the evidence. The Impartial Hearing Officer shall preside over the hearing and shall be responsible for preserving order and decorum.
  2. Hearings before the hearing officer shall be closed to the public. The hearing officer will make a record of the hearing either by tape recording or by a court reporter. No cameras or photographic equipment of any kind, nor any equipment designed or used to record or transmit sound, shall be permitted in the hearing room or in the hallways adjacent to the hearing room while the hearing is in progress or during any recess. This prohibition does not apply to any equipment under the direction of the hearing officer to make the official recording of the hearing.
  3. If the student fails without good cause (as determined by the hearing officer) to appear at the scheduled hearing after receiving proper notice, the Dean or Compliance Officer or designee may proceed with the hearing in the student’s absence, and the student forfeits any right to appeal. At the conclusion of the hearing, the hearing officer shall provide written notice to the student of the action taken.
  4. The hearing is an informal but orderly conference. Courtroom rules of evidence and judicial rules of civil procedure will not apply. Evidence, however, must be relevant to the proceeding and of the type that would be accepted by reasonable persons in the conduct of their important affairs. Objections shall be directed to the hearing officer. The hearing officer may limit cumulative, repetitious, or irrelevant testimony or documentary evidence and may impose reasonable time limits on the parties’ presentations. The hearing officer may impose reasonable restrictions to prevent the harassment or badgering of witnesses. Finally, although the legal rules of evidence do not apply, the hearing officer will give effect to legally recognized privileges, such as the attorney-client privilege. The hearing officer may seek legal advice as appropriate, including the seeking of legal advice regarding the assertion of privilege, even if such would require a recess in the hearing.
  5. The Compliance and Judicial Affairs representative has the burden of proving the charges by a preponderance of the evidence. The hearing officer shall determine which evidence or testimony, if any, is probative and credible. The hearing officer shall determine what weight, if any, to give to particular evidence or testimony.
  6. The Compliance and Judicial Affairs representative will make its presentation first, followed by the presentation by the respondent. The Compliance and Judicial Affairs representative will be permitted to present rebuttal evidence after the student completes the presentation of his or her case.
  7. Both the Compliance and Judicial Affairs representative and the student may present witnesses to address specific issues relevant to the matter. Witnesses shall be sworn in by the court reporter or other person authorized by law to administer oaths. The hearing officer may question any witness and may place reasonable limits on the length of a presentation by a witness. Cross-examination by the parties is not permitted.
    1. In cases in which the proposed sanction is a
      1. written warning or reprimand,
      2. attendance at an educational presentation or professional development meeting to receive information about the College’s expectations or
      3. a change in instructors, the testimony of third parties will not be permitted during a party’s presentation unless the hearing officer determines that such testimony is necessary to aid the fact-finding process.
  8. The hearing officer may question either party. The hearing officer is not subject to questioning by either party or any witness.
  9. Each party may present a five-minute closing argument. The Compliance and Judicial Affairs representative may reserve time for rebuttal. Neither party may present new evidence during closing arguments.
  10. Before the parties begin their presentations, all witnesses shall be excluded from the hearing room, with the exception of the student and the Compliance and Judicial Affairs representative. Under this rule, no witness may be present to hear or read the testimony of another witness and witnesses may not converse with each other or any other person about the case outside the hearing room while the hearing is in progress. Each party is responsible for providing a copy of this rule to that party’s witnesses. This rule does not preclude a witness from conferring with a party’s legal counsel or representative. The hearing officer shall have the authority to impose appropriate sanctions and restrictions for a violation of these instructions, including prohibiting the witness from testifying at the hearing. The prohibitions in this section will remain in effect until closing statements are concluded.
  11. The hearing officer shall issue written findings within 5 working days of the close of the hearing. The hearing officer’s decision shall state whether the respondent has violated this Code and will set forth findings of fact in support of its conclusion. The decision of the hearing officer will be communicated in writing to the student and the Dean or Compliance Officer or designee.