Student Conduct Review Process

Any person (complainant) may bring a complaint against a student under these procedures based on an alleged violation of the Student Code of Conduct. All such complaints shall be made to Public Safety or the Conduct Officer by filling out the Conduct/Behavior Violation form. All communication regarding conduct proceedings will occur via Maxient and the Delta College email system.

Complete the Conduct/Behavior Violation form

Procedures

Due process

Delta College is committed to providing due process to the student respondent, defined as notice of the charges and an  opportunity to respond.

Confidentiality

All parties and all participants in any proceeding under this policy at any step will maintain strict confidentiality and will share information only with their chosen advisor(s), advocate(s), and those whose position or assignments with the College require them to be informed. In addition, the incident may be discussed as part of professional development of faculty or staff without using identifiable information. A breach of this obligation of confidentiality may result in disciplinary action.

No retaliation

Retaliation is strictly prohibited by law and Delta College policy. Any retaliatory action taken against anyone filing a complaint or cooperating in any proceeding under this policy is prohibited and may result in disciplinary action up to and including expulsion.

Conduct Officer

A Conduct Officer will review each complaint received under the Student Conduct Review Process.  A Conduct Officer can be any full-time A/P staff member of the college and are selected to this role by the Dean of Student Success. If a conflict exists with the Conduct Officer, the case will be assigned to a designee. The Conduct Officer will also serve as a Hearing Officer, when necessary, and will make determinations at the conclusion of the investigation.

One Day Removal and Interim Suspension

Disruptive conduct taints the educational atmosphere and may endanger the safety of students and staff. Accordingly, when student conduct creates a serious enough disruption such that the only reasonable solution is removal of the student, a student may be temporarily removed from a class/campus area. A faculty/staff may require that a student exit the classroom, laboratory, or other area used for instruction for the remainder of the class period when a student engaged in persistent misconduct which unduly disrupts instruction., Faculty-members who impose a removal shall promptly report the incident to the Conduct Officer and the academic Associate Dean. 

The Conduct Officer may suspend the respondent at any time during the investigation, on an interim basis, pending disciplinary proceedings, to ensure the safety of persons or property, or for other necessary reasons. The conduct Officer will coordinate with the Delta College Department of Public Safety and the Behavior Intervention Review Board to conduct Risk and Safety Analysis. Such interim suspension will become immediately effective without prior notice whenever there is evidence that the continuing presence of the student on the College premises poses a threat to the physical or emotional safety or well-being of any member of the college community or that any personal or public property is jeopardized or if the presence of the individual may obstruct any educational process.

Investigator

An investigator will serve as a neutral fact-finder in the Conduct Review Process. Investigators are selected to this role by the Dean of Student Success and will be trained in conduct fact-finding investigations. If a conflict exists with the assigned investigator, the case will be assigned to another investigator. 

Investigation

Upon receipt of the Conduct/Behavior Violation form, the Conduct Officer will review the information submitted to determine if there is a reasonable basis that a violation of the Student Code of Conduct occurred. If so, they will provide notice to the student respondent of the allegations and assign an investigator to gather relevant facts and evidence. The investigator will interview the complainant, any witnesses and review supporting documentation in preparation for the Conduct Review Meeting. The Conduct Officer or the respondent has the right to initiate a hearing at any time during the investigation. 

Conduct review meeting

If the Conduct Officer has determined that there is a reasonable basis that a violation of the Student Code of Conduct occurred, they shall schedule a Conduct Review Meeting and provide notice to the respondent via Maxient by an email sent to the respondent’s official Delta College email address, in advance of the meeting. The correspondence sent to the respondent will include the formal charge including violations listed, the name of the investigator assigned to the complaint and the date, time and location of the Conduct Review Meeting. The Conduct Officer shall notify the respondent that an informal resolution of the matter may be pursued at the Conduct Review Meeting. Recording of any type is not prohibited during the Conduct Review Meeting. If the respondent fails to attend the meeting, they will forfeit their right to a Conduct Review Meeting and have accepted responsibility for the violation(s). The Conduct Officer will then determine sanctions.

The respondent may ask for a postponement of a scheduled meeting by setting forth good cause in writing. Except in emergency situations, the Conduct Officer must receive the written request for postponement before the scheduled meeting for the postponement to be considered. The Conduct Officer may grant the request based upon good cause being shown in the Conduct Officer’s sole discretion.

A Conduct Review Meeting will be the default method of hearing conduct cases. Upon receipt of the letter via Delta College email notifying a respondent of the Conduct Review Meeting and the charges to be discussed, the respondent may request a hearing in lieu of a Conduct Review Meeting with an investigator.

During the Conduct Review Meeting, the investigator will review the charges and events leading to the charges, the specific area(s) of the Code of Conduct allegedly violated and present a summary of the evidence in support of the charges. The respondent will be allowed to present evidence on their behalf, including written statements from any witnesses. The respondent may have an advisor of their choice from within the College community; however, the respondent is responsible for presenting their own case. If the respondent is under 18, they may have one parent present. Advisors and parents are not permitted to speak on behalf of the student or dispute the decision of the student or Conduct Officer. If at any time the investigator or Conduct Officer believes the Advisor or Parent are disrupting the meeting, they may be asked to leave. 

If the respondent presents new, pertinent information that warrants additional investigation, the Conduct Review Meeting will be recessed. The Conduct Officer will schedule a continuation of the Conduct Review Meeting after completion of a supplemental investigation to address the newly presented information.

The respondent will accept or deny responsibility at the conclusion of the Conduct Review Meeting. If the respondent accepts responsibility, the meeting will be concluded. The Conduct Officer will review all case-related materials and determine any sanctions or other corrective action to be issued in writing to the respondent. The complainant will be notified of the outcome excluding the specific sanctions or corrective action and will only be informed that sanctions or corrective action(s) were issued. If the respondent denies responsibility, the CRO will make a determination in the case based on the information and evidence available.

Upon conclusion of the investigation, the investigator will submit a fact-finding summary to the Conduct Officer to make a determination.

Hearing

At any time during the Conduct Review Process, the Conduct Officer may initiate or the respondent may request a hearing. The Conduct Officer will serve as the Hearing Officer. 

Notice of Hearing

All parties will receive notice of a formal hearing no less than 7 calendar-days prior containing the statement of charges, summary of evidence to support the charges, and date, time and location of the hearing as well as their rights and responsibilities during the hearing process. 

All parties have the following rights:

1. 1. To present their recollection of events
   2. To present relevant witnesses and evidence on their behalf. Character references shall not be heard.
   3. To cross-examination (see below for standards)
   4. To respond to any witnesses presenting evidence against the respondent
   5. To remain silent 
   6. A warning that anything the respondent says may be used against them in other civil or criminal (if applicable) proceedings from the complainant, or other matters.

If a student fails to appear at a scheduled formal hearing, the Conduct Officer will make a ruling based upon the evidence presented and recommend sanction(s) appropriate to the offense, or dismiss the matter without sanctions as appropriate, and  the student will be informed in writing of the Conduct Review Board’s decision. The Conduct Officer will determine relevance to avoid any improper evidentiary introduction in the hearing or provide recommendations for more appropriate phrasing. 

Cross-examination Procedures

The complainant and respondent may submit questions they wish to ask or discuss at the hearing up to the Conduct Officer up 24 hours prior to the scheduled hearing. If either party wishes to submit additional questions up to or during the hearing, they must present them in written format to the Conduct Officer, who can make a determination of relevance in real-time. 

All questions will be asked by the Conduct Officer. No party is permitted to question the other party or witnesses directly. 

Hearing Procedures

The following procedures shall apply to the hearing:

1. 1. All Student Conduct Review Board Hearings will be recorded. Audio recordings will not be made public, except when legally required, but may be used in making a determination on an appeal. 
   2. Student Conduct Review Hearings are closed, which means only the respondent, complainant(s), witnesses, advisors, investigator and Conduct Officer are in attendance, unless the student is under 18 years of age in which case the student may have one parent present. The parent is not permitted to speak or participate directly in any hearing.
   3. At the start of the hearing, the Conduct Officer will read the name, date, and time of the hearing. The Conduct Officer shall read into the record and to the respondent the charges, the specific Code of Conduct allegedly violated, a summary of the evidence in support of the charges, the respondent’s rights and the hearing procedures.
   4. The Chair shall ask the respondent to plead responsible or not responsible. If the respondent pleads responsible, they shall be given an opportunity to explain their actions. If the respondent pleads not responsible, the hearing shall proceed. The respondent shall be allowed to present an opening statement, if they desire. Thereafter, the respondent will be allowed to present any relevant facts and witness statements and to respond to any witness statements in support of the complainant. 
   5. The role of the Conduct Officer consists of listening to the testimony, asking questions of the witness(es) and reviewing the testimony and the evidence presented by the respondent, complainant, witness(es) and/or investigator. The Conduct Officer shall render a decision as to the existence of a violation of the Student Code of Conduct.
   6. After all proofs and final statements are presented, the hearing will be adjourned. 
   7. Witnesses expected to testify shall not be present during the testimony of any other witnesses. This rule does not apply to the complainant or the respondent.
   8. Any person who disrupts a hearing or who fails to adhere to the rulings of the Student Conduct Review Board may be excluded from the proceedings and may be charged with a violation of the Student Code of Conduct.

Determination

Determinations in the Conduct Review Process will be considered by a preponderance of evidence standard (the evidence demonstrates that is it more likely than not that the conduct occurred). This standard is often referred to as “50% plus a feather.” If the Conduct Officer determines that there is not a preponderance of evidence that the respondent violated the Code of Conduct, the charge may be dismissed at any time during the investigation and/or the Conduct Review Meeting. 

If it is determined that a violation of the Student Code of Conduct did occur, the Conduct Officer will be responsible for determining sanctions. 

In cases including more than one respondent, the Conduct Officer ad Investigator will conduct any meetings concerning each respondent separately, unless the facts or evidence require otherwise.

Notice of Outcome

The Conduct Officer will provide a Notice of Outcome to the respondent within 5 calendar days of the conclusion of the investigation or the hearing. This notice will be delivered to the students Delta College email via Maxient. If the student has been restricted access to their Delta college account, the notice will be mailed to the students address on file and/or delivered to a personal email address provided by the student during the proceedings. All sanctions will be effective immediately. 

Appeals

A complainant or respondent may appeal the decision of the Conduct Officer, Dean of Student Success or their designee using the following form:

Student Conduct Appeal Form

The request for appeal must be in writing and submitted within ten calendar days of the decision rendered. Failure to file an appeal will render the decision final.

The basis for an appeal must be one of the following:

1. 1. The complainant’s or respondent’s right of due process under the Student Code of Conduct was violated.
   2. Inconsistent or overly severe imposed sanction.
   3. To consider new evidence which is sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing. This shall only apply to new evidence that could not have been discovered with reasonable investigation, review, or effort.

Appeals shall be decided upon the record of the original proceedings and upon written summaries submitted by the Conduct Officer. A new hearing shall not be required to be conducted, however may occur at the discretion of the Appellate.

The Appellate may:

1. 1. Affirm the finding and the sanction imposed by the Conduct Officer.
   2. Affirm the finding and reduce, but not eliminate, the sanction(s). Sanctions may only be reduced if found to be grossly disproportionate to the offense.
   3. Remand (order back) the case to the original Conduct Officer. Cases may be remanded if specified procedural errors or errors in interpretation of College regulations or policy were so substantial as to effectively deny a fair hearing, or if new and  significant evidence became available which could not have been discovered before or during the original hearing.
   4. Cases may be dismissed if the findings are held to be arbitrary and capricious. On appeal, the decision of the Appellate shall be final.

Failure to comply with the Conduct Review Process

A judicial hold will be placed on the account of any student who fails to comply with the Conduct Review Process or withdraws from enrollment prior to the completion of these procedures.