Overview of Student Conduct Process

Highland Community College is the convener of every action under this code. Within that action, there are several roles. The responding student is the person who is alleged to have violated the Code. The party bringing the complaint, who may be a student, employee, visitor, or guest, may choose to be present and participate in the process as fully as the responding student. There are witnesses who may offer information regarding the allegation. There is an investigator(s) whose role is to present the allegations and share the evidence that the College has obtained regarding the allegations. 

An HCC-affiliated student group or organization and its officers and membership may be held collectively and individually responsible when violations of this code by the organization or its member(s):

• Take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or tacit
• Have received the consent or encouragement of the organization or of the organization’s leaders or officers; or
• Were known or should have been known to the membership or its officers
• Hearings for student groups or organizations follow the same general student conduct procedures. In any such action, individual determinations as to responsibility will be made and sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization.

• For Victims - The College provides amnesty to victims who may be hesitant to report to HCC officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result¹¹
• For Those Who Help - To encourage students to offer help and assistance to others, Highland Community College pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Student Conduct and Compliance Officer, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result
• Safe Harbor The College has a Safe Harbor rule for students. The College believes that students who have a drug and/or addiction problem deserve help. If any HCC student brings their own use, addiction, or dependency to the attention of college officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.

Notice of Alleged Violation

Any member of the College community, visitor, or guest may allege a policy violation(s) by any student for misconduct under this Code by the following process.

• An individual may also choose to report through the HCC Silent Witness.
• Notice may also be given to the Student Conduct and Compliance Officer, when appropriate. Additionally, administrators may act on notice of a potential violation whether a formal allegation is made or not. All allegations can be submitted by a complainant or a third party and should be submitted as soon as possible after the offending event occurs. The College has the right to pursue an allegation or notice of misconduct on its own behalf and to serve as convener of the subsequent campus conduct process.
• The Student Conduct and Compliance Officer will assume responsibility for the investigation of the alleged violation as described in the sub-section below.

Investigation is referenced in both steps 1 and 2 above, with detailed investigation procedures described in this sub-section. The Student Conduct and Compliance Officer will serve as the investigator for allegations under this Code.¹² If necessary, the Student Conduct and Compliance Officer may appoint an additional investigator. Additionally, an outside third party may be appointed as an investigator at the institution’s discretion, by the VP for Student Services, Human Resources, or the President. 

D.1. Preliminary Inquiry

Preliminary inquiry usually takes between one (1) to seven (7) days to complete. The investigator(s) will take the following steps, if not already completed:

• D.1.1. Initiate any necessary remedial actions on behalf of the complainant
• D.1.2. Determine the identity and contact information of the party bringing the complaint, whether that person is the initiator of the complaint, the complainant, or a College proxy or representative
• D.1.3. Conduct an immediate preliminary investigation to identify an initial list of all policies that may have been violated, review the history of the parties, the context of the incident(s), any potential patterns and the nature of the complaint
• D.1.4.If the complainant is reluctant to pursue the complaint, determine whether the complaint should still be pursued and whether sufficient independent evidence could support the complaint without the participation of the complainant
• D.1.5.Notify the complainant of whether the College intends to pursue the complaint regardless of their involvement, and inform the complainant of their rights in the process and option to become involved if they so choose

D.2. Investigation

• D.2.1. If indicated by the preliminary inquiry and authorized by the Student Conduct and Compliance Officer, conduct a comprehensive investigation to determine if there is reasonable cause to believe that the responding student violated HCC policy, and to determine what specific policy violations should serve as the basis for the complaint
• D.2.2. If there is insufficient evidence through the investigation to support reasonable cause, the allegations will be closed with no further action
• D.2.3. A comprehensive investigation usually takes between one day and two weeks
• D.2.4. Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding student, who will be given notice of the interview at least one day prior to the time of the interview
• D.2.5.Prepare the notice of alleged policy violation(s) on the basis of the reasonable cause determination, which may be delivered prior to, during or after the responding student is interviewed, at the discretion of the investigator(s)
• D.2.6.Interview all relevant witnesses, summarize the information they are able to share and have each witness sign the summary to verify its accuracy
• D.2.7.Obtain all documentary evidence and information that is available
• D.2.8.Obtain all physical evidence that is available
• D.2.9.Complete the investigation promptly by analyzing all available evidence without unreasonable deviation from the intended timeline
• D.2.10. Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not)
• D.2.11. Present the investigation report and findings to the responding student, who may:
  • accept the findings,
  • accept the findings in part and reject them in part, or
  • may reject all findings;
• D.2.12. Share the findings and update the party bringing the complaint on the status of the investigation and the outcome

The following options (1-3) describe how to proceed depending on whether the responding student is found responsible and whether the Responding Student accepts or rejects the findings and/or the sanctions either in whole or in part.

E.1.The Responding Student is Found “Not Responsible”

• E.1.1. Where the responding student is found not responsible for the alleged violation(s), the investigation will be closed.
• E.1.2. The party bringing the complaint, if any, may request that the Student Conduct and Compliance Officer, as applicable, review the investigation file to possibly re-open the investigation or convene a hearing.
• E.1.3. The decision to re-open an investigation or convene a hearing is at the discretion of the Student Conduct and Compliance Officer in these cases and is granted only on the basis of extraordinary cause.

E.2.The Responding Student Accepts a Finding of “Responsible”…

• E.2.1. The Responding Student Accepts a Finding of “Responsible” and Accepts the Recommended Sanctions.
• E.2.2. Should the responding student accept the finding that they violated HCC policy, the Investigator will recommend appropriate sanctions for the violation(s), having consulted with others, as appropriate. If the responding student accepts these recommended sanctions, the sanctions are implemented by the Student Conduct and Compliance Officer, and the process ends.
  • E.2.2.1. There will be a three-day period for review between the date of acceptance and when the resolution becomes final.
  • E.2.2.2. Should the responding student decide to reject the sanctions within that period, Option F.2.3. will apply.
• E.2.3. The Responding Student Accepts a Finding of “Responsible” and Rejects the Sanctions Recommended.
  • E.2.3.1. If the responding student accepts the “responsible” findings, but rejects the recommended sanctions, there will be an administrative sanction only hearing.

E.3.Responding Student Rejects the Findings Completely or In-part

• E.3.1. Responding Student Rejects the Findings Completely
  • E.3.1.1. Where the responding student rejects the finding that they violated College policy, a formal hearing will be convened following notice.
  • E.3.1.2. At the hearing, the investigator(s) will present their report to the panel, the panel will hear from the parties, and any necessary witnesses. The investigation report will be considered by the panel, which renders an independent and objective finding. Full panel procedures are detailed below.
  • E.3.1.3. If the panel finds the responding student not responsible for all violations, the Student Conduct and Compliance Officer will inform the parties of this determination and the rationale for the decision in writing. This determination is subject to appeal by any party to the complaint. Appeal review procedures are outlined below.
  • E.3.1.4. If the panel finds a violation, it will recommend a sanction/responsive action to the Student Conduct and Compliance Officer, who will render a decision within three (3) days of the hearing and notify the appropriate parties in writing. An appeal of sanction(s) may be filed by any party to the complaint as detailed in Section O. Appeal Review Procedures
• E.3.2. Responding Student Accepts the Findings in Part and Rejects in Part
  • E.3.2.1. Where the responding student rejects in part the finding that they violated College policy, there will be a panel hearing solely on the disputed allegations within seven (7) days, barring exigent circumstances.
  • E.3.2.2. For all findings holding a responding student responsible for a violation, the College will follow the sanctioning process detailed in sub-sections below.
  • E.3.2.3. If the Panel finds the responding student “Not Responsible” on any of the contested allegations, the process will move to the Sanctioning Phase on only the uncontested allegations, as detailed in sub-sections below.

F.1. Once a determination is made that reasonable cause exists for the Student Conduct and Compliance Officer to refer a complaint for a hearing, notice will be given to the responding student.

F.2. Notice will be in writing and may be delivered by one or more of the following methods:

• F.2.1. in person by the Student Conduct and Compliance Officer
• F.2.2. emailed to the student’s College-issued email account
• F.2.3. mailed to the local or permanent address of the student as indicated in official Highland Community College records; or

• F.2.4. Once mailed, emailed and/or received in-person, such notice will be presumptively delivered. The letter of notice will:
  • F.1.1.1. Include the alleged violation and notification of where to locate the Code of Conduct and College procedures for resolution of the complaint; and
  • F.1.1.2. Direct the responding student to contact the Student Conduct and Compliance Officer within a specified period to respond to the complaint. This period will generally be no less than two (2) days from the date of delivery.
• F.2.2. A meeting with the Student Conduct and Compliance Officer may be arranged to explain the nature of the complaint and the conduct process. At this meeting, the responding student may indicate, either verbally or in writing, to the Student Conduct and Compliance Officer, whether they admit to or deny the allegations of the complaint.

G.1. Under the Code of Conduct, the Dean of Students may impose restrictions and/or separate a student from the community pending the scheduling of a campus hearing on alleged violation(s) of the Code of Conduct to prevent or remedy an ongoing or imminent significant danger of harm to the health, education, or safety of members of the campus community. This responsibility is taken seriously and with careful consideration of the impact on the student and the community.

G.2. Interim actions can include separation from the institution or restrictions on participation in the community for no more than ten (10) days pending the scheduling of a campus hearing on alleged violation(s) of the Code of Conduct.

G.3. A student who receives an interim suspension may request a meeting with the Vice President for Student Affairs to demonstrate why an interim suspension is not merited.

G.4. Regardless of the outcome of this meeting, the College may still proceed with the scheduling of a campus hearing.

G.1. During an interim suspension, a student may be denied access to HCC campus housing and/or HCC campus/facilities/events as determined by the Vice President for Student Affairs.

G.2. This restriction may include classes and/or all other College activities or privileges for which the student might otherwise be eligible.

G.3. At the discretion of Vice President for Student Affairs and with the approval of, and in collaboration with the Dean of Instruction, alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student.

The following sub-sections describe the College’s conduct hearing processes. Except in a complaint involving failure to comply with the summons of the Student Conduct and Compliance Officer, no student may be found to have violated the Code of Conduct solely because of the student’s failure to appear for a hearing. In all such instances, conduct hearings will proceed as scheduled and the information in support of the complaint will be presented to, and considered by, the Student Conduct and Compliance Officer, Administrative Hearing Officer, or panel presiding over the hearing.

H.1. Where the responding student admits to violating the Code of Conduct, the Student Conduct and Compliance Officer may hold an administrative hearing to determine and administer appropriate sanctions without a formal hearing. (Sanctions-Only Hearing)

H.2. Where the responding student denies violating the Code of Conduct, a formal hearing will be conducted. At the discretion of the Student Conduct and Compliance Officer, a request by one or more of the parties to the complaint for an administrative meeting may be considered.

H.3. Students will be given a minimum of seven (7) days to prepare for a hearing unless all parties wish to proceed more quickly. Preparation for a formal hearing is summarized in the following guidelines:

• H.3.1.Notice of the time, date and location of the hearing will be in writing and may be delivered by one or more of the following methods:
  • H.3.1.1. in person by the Student Conduct and Compliance Officer;
  • H.3.1.2. mailed to the local or permanent address of the student as indicated in official College records; or
  • H.3.1.3. emailed to the student’s College-issued email account.
  • H.3.1.4. Once mailed, emailed and/or received in-person, such notice will be presumptively delivered.
    
    

H.4. If there is a complainant in the incident in question, the complainant may serve as the party bringing the complaint or may elect to have the College administration serve as the party bringing the complaint forward.

• H.4.1. Where there is no complainant, the College administration will serve as the party bringing the complaint forward.
  
  

H.5. If a responding student fails to respond to notice from the Student Conduct and Compliance Officer, the Student Conduct and Compliance Officer may initiate a complaint against the student for failing to comply with the directives of a College official and give notice of this offense.

H.6. If the student does not respond to this notice within two (2) days, HCC may modify the panel hearing into an administrative hearing held on the scheduled date/time.

H.7. At least three (3) days before any scheduled formal hearing, the following will occur:

• H.7.1. The responding student will deliver to the Student Conduct and Compliance Officer a written response to the complaint;
• H.7.2.The responding student will deliver to the Student Conduct and Compliance Officer a written list of all witnesses for the College to call at the hearing;
• H.7.3.The responding student will deliver to the Student Conduct and Compliance Officer all physical evidence the student intends to use or needs to have present at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Student Conduct and Compliance Officer can arrange for its presence;
• H.7.4.The party bringing the complaint will deliver to the Student Conduct and Compliance Officer a written list of all witnesses for the College to call at the hearing;
• H.7.5.The party bringing the complaint will deliver to the Student Conduct and Compliance Officer all items of physical evidence needed at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Student Conduct and Compliance Officer can arrange for its presence;
  
  

H.8. The party bringing the complaint and the responding student will notify the Student Conduct and Compliance Officer of the names of any advisors who may be accompanying the parties at the hearing.

H.9. The Student Conduct and Compliance Officer will ensure that the hearing information and any other available written documentation is shared with the parties at least two (2) days before any scheduled hearing. In addition, the parties will be given a list of the names of all the panelists in advance. Should any party object to any panelist, that party must raise all objections, in writing, to the Student Conduct and Compliance Officer immediately. Hearing officers will only be unseated if the Student Conduct and Compliance Officer concludes that their bias precludes an impartial hearing of the complaint. Additionally, any panelist who feels they cannot make an objective determination must recuse themselves from the proceedings. 

I.1. The Student Conduct and Compliance Officer will appoint one panelist as the Chair for the hearing.

I.2. The parties have the right to be present at the hearing; however, they do not have the right to be present during deliberations.

I.3. If a student cannot attend the hearing, it is that student’s responsibility to notify the Student Conduct and Compliance Officer no less than three (3) days prior to the scheduled hearing to arrange for another date, time, and location.

I.4. Except in cases of grave or unforeseen circumstances, if the responding student fails to give the requisite minimum three (3) day notice, or if the responding student fails to appear, the hearing will proceed as scheduled.

I.5. If the party bringing the complaint fails to appear, the complaint may be dropped unless the College chooses to pursue the allegation on its own behalf, as determined by the Student Conduct and Compliance Officer.

I.6. The Student Conduct and Compliance Officer, the Chair, and the Panel will conduct panel hearings according to the following guidelines:

• I.6.1.Hearings will be closed to the public.
• I.6.2.Admission to the hearing of persons other than the parties involved will be at the discretion of the panel chair and the Student Conduct and Compliance Officer.
• I.6.3.In hearings involving more than one responding student, the standard procedure will be to hear the complaints jointly; however, the Student Conduct and Compliance Officer may permit the hearing pertinent to each responding student to be conducted separately.
  • I.6.3.1. In joint hearings, separate determinations of responsibility will be made for each responding student.
    
    

I.7. The parties have the right to an advisor of their own choosing, including attorneys. Typically, advisors are members of the campus community, but the parties may select whomever they wish to serve as their advisor.

• I.7.1.The advisor may not make a presentation or represent the party bringing the complaint or responding student during the hearing. They may confer quietly with their advisee, exchange notes, clarify procedural questions with the chair, and suggest questions to their advisee.
  
  

I.8. The party bringing the complaint, the responding student, the panel, and the Student Conduct and Compliance Officer will have the privilege of questioning all present witnesses and questioning all present parties (directly or through the Chair, at the discretion of the Chair).

• I.8.1.Unduly repetitive witnesses can be limited at the discretion of the panel Chair.

I.9. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the panel and the Student Conduct and Compliance Officer.

• I.9.1.Formal rules of evidence are not observed.
• I.9.2.The panel Chair, and/or the Student Conduct and Compliance Officer may limit the number of character witnesses presented or may accept written affidavits of character instead.

I.10.All procedural questions are subject to the final decision of the panel Chair in collaboration with the Student Conduct and Compliance Officer.

I.11.After a panel hearing, the panel will deliberate and determine, by majority vote, whether it is more likely than not that the responding student has violated the Code of Conduct.

I.12.The Student Conduct and Compliance Officer will be present and available as a resource during all deliberations but does not vote on the outcome. The Student Conduct and Compliance Officer may not serve as a resource if they actively participated in the hearing.

I.13.Once a finding is determined, if the finding is that of a policy violation, the panel will determine an appropriate sanction(s). The Student Conduct and Compliance Officer is responsible for informing the panel of applicable precedent, mitigating or aggravating circumstances (e.g., mental health, previous conduct violations), or other relevant pattern information about the responding student. Where a student has previous conduct violations, the panel will carefully consider how pertinent a previous violation is to the current case, the severity of the previous violation, and the time between violations.

I.14. The panel Chair will prepare a written deliberation report and deliver it to the Student Conduct and Compliance Officer. The report will include:

• I.14.1. the recommended finding
• I.14.2. how each member voted
• I.14.3. the information cited by the panel in support of its recommendation
• I.14.4. information the panel excluded from its consideration and why
• I.14.5. recommended sanctions

I.15.The report should not exceed two pages in length and must be submitted to the Student Conduct and Compliance Officer within two (2) days of the conclusion of deliberations.

I.16.The Student Conduct and Compliance Officer will consider the recommendations of the panel, may make appropriate modifications to the panel’s report if necessary, render the decision, and inform the responding student and party bringing the complaint (if applicable by law or College policy) of the determination within five (5) days of the hearing.

I.17.Notification will be made in writing and may be delivered by one or more of the following methods:

• I.17.1. in person by the Student Conduct and Compliance Officer
• I.17.2. mailed to the local or permanent address of the student as indicated in official College records; or
• I.17.3. emailed to the student’s College-issued email account

I.18.Once mailed, emailed and/or received in-person, such notice will be presumptively delivered

I.19.In cases of sexual misconduct and other crimes of violence, notice of the outcome will be delivered to all parties simultaneously, meaning without substantial delay between the notifications to each.

I.20.There will be a single verbatim record, such as an audio recording, for all panel hearings. Respondents are allowed to request a review of the hearing or can receive a redacted transcript. Deliberations will not be recorded.

I.21. The record will be the property of the College and maintained according to the College’s record retention policy.

One or more of following sanctions may be imposed upon any student for any single violation of the Code of Conduct:

J.1. Academic Integrity Sanctions

• J.1.1. Class Withdrawal. When a is withdrawn from a course and a W is applied to their transcript. A withdrawal may negatively affect a student’s financial aid status, but a withdrawal does affect a student’s GPA. A student withdrawn from a course will no longer have access to the course materials or classroom (for the assigned course time).
• J.1.2. Grade Change. When a grade for a student’s assignment/section/exam/course is changed/modified—typically to reflect a lower grade.
• J.1.3. Instructor Sanction(s). A sanction applied by a course instructor for a low-level, first-time violation of HCC academic or the respective course’s policy (see First-Day Handout provided by instructors).
• J.1.4. Loss of Points – Assignment/Exam/Quiz/Section. When a student receives a zero or no score on work due to a violation(s) of HCC’s or the course’s academic policies. This sanction is DIFFERENT than a “Zero Credit” sanction (see below). A loss of points may be applied by the instructor for a low-level, first-time violation; or by the Student Conduct Officer through the Student Conduct Process.
• J.1.5. Zero (Course) Credit. When a student receives the Zero Credit sanction they will NOT receive any course credit for a specific course or courses. This will appear on a student’s official HCC transcript as an F-grade. Receiving zero credit will affect both the student’s financial aid status and their GPA. A student who receives this sanction before the end of the course is not necessarily denied continued access to the course materials and or
  classroom; however, they may not receive any credit for continued participation.
• J.1.6. Loss of Scholarship This sanction ONLY applies to HCC managed/offered scholarships. This sanction may include the complete or partial withdrawal of a scholarship, including if applicable, the repayment of scholarship monies (any repayment of monies will be treated as a bill on the student’s account).

J.2. Conduct Sanctions

• J.2.1. Warning This written warning is provided to acknowledge that the Respondent’s behavior violated College policy and does not align with Highland Community College’s expectations for community members.
• J.2.2. College Housing Probation: Official notice that, should further violations of Residence Life or College policies occur during a specified probationary period, the student may be removed from College housing in accordance with K.1.9.1. Regular probationary meetings may also be imposed.
  • J.2.2.1. Future violations of College policy while the Respondent is on probation may result in more severe disciplinary action.
• J.2.3. College Housing Transfer or Removal The student will be placed in another room or residence hall or restricted from living on campus for a specified or indefinite period. If a student is restricted from living on campus, the student will be restricted from visiting or entering any College owned housing during the period of restriction. The student’s Housing contract will be terminated and the student will be responsible for paying any remaining fees for the duration of the original contract period.
  • J.2.3.1. Resident students required to vacate College housing will be given a minimum of seven (7) calendar days to complete their move. The definitive timeline will be agreed upon by the Vice President of Student Afffairs, Student Housing Coordinator, and Student Conduct and Compliance Officer in conversation with the student.
• J.2.4. Campus and/or Building Ban The student is prohibited from being on any campus property and/or entering specific College facilities.
  • J.2.4.1. Any student alleged to have violated a campus and/or building ban may be subject to additional disciplinary action.
• J.2.5. Confiscation of Prohibited Property Items whose presence is in violation of College policy will be confiscated and will become the property of the College. Prohibited items may be returned to the owner at the discretion of the Student Conduct and Compliance Officer and/or Campus Security.
• J.2.6. Contemplative Activities The student engages in actions/activities/experiences intended to provide the student with the opportunity to contemplate their choices and behavior and how their effect on them and others.
• J.2.7. Disciplinary Probation The student is deemed not in good conduct standing with the College.
  • J.2.7.1. The duration of any disciplinary probationary period will be determined by the sanctioning authority on a case-by-case basis.
  • J.2.7.2. Any further violations of College policy while on disciplinary probation may result in more serious sanctions being imposed, which may include disciplinary suspension or disciplinary dismissal from the College.
  • J.2.7.3. Restrictions that may be placed on the student during the disciplinary probationary period include, but are not limited to:
    • parking on campus
    • participation in student activities
    • representation of the College on athletic teams or in other leadership positions
    • eligibility to receive any College award or honorary recognition
    • entrance into College residence halls or other areas of campus
    • participation in a study abroad program, or
    • College computer and network usage
• J.2.8. Disciplinary Suspension The student is required to leave the College for a designated time and/or until conditions specified at the time of the disciplinary suspension are met.
  • J.2.8.1. During the disciplinary suspension period, a student may not attend classes (either in person or online) nor participate in a student group or student organization activities, whether they occur on or off-campus.
  • J.2.8.2. A currently enrolled student is withdrawn from their classes and is not eligible for a refund. A registration hold will be placed on the student’s account until the conclusion of the disciplinary suspension period.
  • J.2.8.3. If the student is an on-campus resident, the student’s contract with Housing & Residence Life will be terminated and the student will be responsible for paying any remaining fees for the duration of the original contract period.
  • J.2.8.4. The student will have a minimum of seven (7) days to vacate the space. The definitive timeline will be agreed upon by the Dean of Students and the Director of Residence Life in conversation with the student.
  • J.2.8.5. The student must complete all assigned educational sanctions before the conclusion of the disciplinary suspension period. The disciplinary suspension will remain in effect until they are completed and any other conditions are met.
  • J.2.8.6. Any further violations of College policy while on disciplinary suspension could result in more serious sanctions being imposed.
• J.2.9. Disciplinary Dismissal This action removes a student from their academic program and separates the student from the College for a period of two to seven (2-7) years.
  • J.2.9.1. During the disciplinary dismissal, the student is not allowed on College premises unless authorized in writing in advance under conditions approved by the Vice President for Student Affairs or designee.
  • J.2.9.2. A currently enrolled student that is withdrawn from their classes and may not be eligible for a refund.
• J.2.10. Disciplinary Expulsion Permanent separation from the College. The student is banned from college property and the student’s presence at any College-sponsored activity or event is prohibited. This may be enforced with a trespass action as necessary.
• J.2.11. Educational Activities The student engages in actions/activities/experiences intended to help the student gain knowledge in areas related to the policy violation(s). This may include, but is not limited to: workshops, research, engaging with professionals, etc.
• J.2.12. Eligibility Restriction The student is deemed “not in good standing” with the College for a specified period of time. Specific limitations or exceptions may be granted by the Student Conduct and Compliance Officer and terms of this conduct sanction may include, but are not limited to, the following:
  • J.2.12.1. Ineligibility to hold any office in any student organization recognized by the College or hold an elected or appointed office at the College; or
  • J.2.12.2. Ineligibility to represent the College to anyone outside the College community in any way including: participating in the study abroad program, attending conferences, or representing the College at an official function, event or intercollegiate competition as a player, manager or student coach, etc.
• J.2.13. Fine(s) An amount of money a student is required to pay to HCC. Typically, a fine is applied when there is an established cost associated with a student’s violation(s) (e.g., theft of goods/services).
  • J.2.13.1. The fine will be added to the student’s financial balance. Fines are not typically eligible to be paid by financial aid.
  • J.2.13.2. An unpaid fine may negatively affect a student’s financial aid status, access to course registration, access to educational records (transcripts), and/or be sent to collections.
• J.2.14. Mandatory Training This training is provided to educate the Respondent that their conduct violated College Policy and does not align with HCC’s expectations for community members.
• J.2.15. No Trespass Order The student is prohibited from being on any campus property and/or entering specific College facilities.
  • J.2.15.1. Any student alleged to have violated a campus and/or building ban may be subject to arrest.
• J.2.16. Restitution Compensation for damage caused to the College or any person’s property. This could also include situations such as failure to return a reserved space to proper condition – labor costs and expenses. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.
• J.2.17. Restorative Activities The student engages in actions/activities/experiences intended to directly address the harm(s) caused by their actions and provide them the opportunity to give back to others or the larger community. This may include, but is not limited to: community restitution service, letters of apology, educational presentations, etc.
• J.2.18. Restriction and/or Loss of College Privileges This action restricts students from accessing specific College privileges including, but not limited to:
  • parking on campus,
  • participation in student activities
  • holding a student leadership position
  • College recognition of student organizations
  • attending athletic events or participating in athletics, and
  • College computer and network access
• J.2.19. Wellness Activities The student engages in actions/activities/experiences intended to address their holistic health (social, emotional, financial, physical, academic, and environmental). This may include, but is not limited to: substance use assessments, counseling assessments, meeting with an academic advisor, meeting with a Student Involvement staff member, etc.
• J.2.20. The following sanctions may be imposed upon groups or organizations found to have violated the Code of Student Conduct:
  • J.2.20.1. One or more of the sanctions listed above, and/or
  • J.2.20.2. Deactivation, de-recognition, loss of all privileges (including status as a College registered group/organization), for a specified period of time.

Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the Student Conduct and Compliance Officer.

The College reserves the right to notify the parents/guardians of students regarding any conduct situation involving alcohol and other drug violations.

K.1. The College may notify parents/guardians of students who are under the age of 21 of alcohol and/or other drug violations.

K.2. Parental notification may also be utilized discretionarily by administrators when permitted by FERPA or consent of the student.

The outcome of a campus hearing is part of the education record of the responding student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions.

L.2. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or nonforcible sex offense, the College will inform the alleged victim/party bringing the complaint in writing of the final results of a hearing regardless of whether the College concludes that a violation was committed.

L.3. Such release of information may only include the alleged student’s/responding student’s name, the violation committed, and the sanctions assigned (if applicable).

L.4. In cases where the College determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” or nonforcible sex offense, the College may also release the above information publicly and/or to any third party. FERPA defines “crimes of violence” to include:

• Arson
• Assault offenses (includes stalking)
• Burglary
• Criminal Homicide—manslaughter by negligence
• Criminal Homicide—murder and nonnegligent manslaughter
• Destruction/damage/vandalism of property
• Kidnapping/abduction
• Robbery
• Forcible sex offences
• Statutory Rape
• Incest

All students, as members of the Highland Community College community, are expected to comply with conduct sanctions within the timeframe specified in their decision notification. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions from the College.

Any party may request an appeal of the decision of the Panel/Administrative Conference by filing a written request to the Dean of Students subject to the procedures outlined below. All sanctions imposed by the original hearing body remain in effect (with the exception of removal from housing or the institution), and all parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.

O.2.Appeals requests are limited to the following grounds:

• A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
• To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction.¹³ A summary of this new evidence and its potential impact must be included;¹⁴
• The sanctions imposed are substantially outside the parameters or guidelines set by Highland Community College for this type of offense or the cumulative conduct record of the responding student.

O.3.Appeals must be filed in writing with the Vice President for Student Affairs within five (5) days of the notice
of the outcome to the hearing, barring exigent circumstances. Any exceptions are made at the discretion of the Vice President for Student Affairs.

O.4. The Vice President for Student Affairs will share the appeal by one party with the other party (parties) when
appropriate under procedure or law (e.g., if the responding student appeals, the appeal is shared with the complainant, who may also wish to file a response, request an appeal on the same grounds or different grounds).

O.5. The Vice President for Student Affairs will conduct an initial review to determine if the appeal request meets the limited grounds and is timely. They may consult with the Student Conduct and Compliance Officer on any procedural or substantive questions that arise.

O.6. If the appeal is not timely or substantively eligible, the original finding and sanction will stand, and the decision is final. If the appeal has standing, the Vice President for Student Affairs determines whether to refer the appeal to the Appeals Panel or to remand it to the original decision maker(s), within five (5) days. If the original decision maker may be unduly biased by a procedural or substantive error, a new decision maker will be assigned to reconsider the matter, which can in turn be appealed, once. Efforts are made to use remand whenever possible. However, a student can request to have a full rehearing by the Appeals Panel.

O.7. Where new evidence is presented or the sanction is challenged, the Vice President for Student Affairs will determine if the matter should be returned to the original decision-maker for reconsideration or if it should be reviewed by the Appeals Panel with clear instructions for reconsideration only in light of the granted appeal grounds and any applicable legal guidelines.

O.8. In review, the original finding and sanction are presumed to have been decided reasonably and appropriately, thus the burden is on the appealing party(ies) to show clear error. The Appeals Panel must limit its review to the challenges presented.

O.9. On reconsideration, the Appeals Panel or original decision-maker may affirm or change the findings and/or sanctions of the original hearing body according to the permissible grounds. Procedural or substantive errors should be corrected, new evidence should be considered, and sanctions should be proportionate to the severity of the violation and the student’s cumulative conduct record.

O.10. All decisions of the Appeals Panel are to be made within five (5) days of submission to the Panel and are final, as are any decisions made by the original hearing body, Student Conduct and Compliance Officer as the result of reconsideration consistent with instructions from the Vice President for Student Affairs.

P.2. Three-member Appeals Panels are drawn from the hearing panel pool, with the following requirements to serve:

• they did not serve on the Panel for the initial hearing
• they were not involved in the investigation in any way
• they have been properly trained in appeals procedures

P.3. The Dean of Students will have final authority to approve all those serving on the panel. The parties may challenge a panelist(s) based on potential bias, and any panelist who cannot render an impartial decision must recuse themselves. The Dean of Students will make the determination as to the validity of any challenge or need for recusal. In the event of a recusal from the panel, the Appeals Review Officer will solicit a replacement from the pool of panelists.

P.4. The Student Conduct and Compliance Officer serves as the non-voting advisor to the panel, with responsibility for training the panel, conducting preliminary investigations, and ensuring a fair process for the complainant and responding student.

P.5. At the discretion of the Dean of Students in consultation with the Student Conduct and Compliance Officer, and other potentially impacted staff, the implementation of sanctions may be stayed pending the outcome of an appeal. 

Q.2. All parties will be timely informed within ten (10) days of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;

Q.3.Every opportunity to return the appeal to the original decision-maker for reconsideration (remand) should be pursued;

Q.4.Appeals are not intended to be full re-hearings of the complaint. 

Q.5. Appeals are not an opportunity for appeals panelists to substitute their judgment for that of the original decision-maker merely because they disagree with the finding and/or sanctions. Appeals decisions are to be deferential to the original decision-maker, making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so.

All conduct records are maintained by the College for seven (7) years from the time of their creation except those that result in separation (disciplinary suspension or disciplinary expulsion, including from housing) which are maintained indefinitely.