Disciplinary Procedure

Individual faculty members or programs may impose their own policies regarding student classroom behavior and academic dishonesty. Such policies are to be readily available to students (e.g., course syllabus, program website or handbook). Sanctions imposed by a faculty member are limited to grades on individual assignments, course grades, and/or temporary dismissal from a class (depending on the nature of the infraction). Students accused of academic dishonesty or of another classroom infraction may also be referred by the faculty member to the Vice President for Student Affairs for official disciplinary action.

Faculty members do not have the authority to dismiss a student from a course indefinitely or to dis-enroll a student from a program or major/minor. Should an incident rise to the level of potential course or program disenrollment, the division chair, instructional dean, and the Vice President for Student Affairs will make a final determination.

Nothing in the Student Code of Conduct shall be in derogation of the power of the President of LC State or his or her duly authorized subordinates to declare a state of emergency on college-owned or controlled property, and to suspend the procedural and substantive rights specified herein for the duration of the declared emergency.  Any sanctions imposed on any student violating this Code or any emergency rules or the lawful order of any college official may be imposed by the President of the college or his or her duly authorized subordinates after such summary proceedings as are reasonable under the circumstances, but such sanctions shall continue only for duration of the emergency.  Any sanctions, other than those imposed for the duration of the emergency, must be brought under the Student Code of Conduct and, with respect to those proceedings, students are guaranteed all substantive and procedural rights specified herein.

The Vice President for Student Affairs shall receive all student judicial complaints and shall investigate all complaints against students alleged to have violated the Student Code of Conduct or may delegate investigative and/or adjudicative responsibilities.  The investigation should include, if possible, an interview with the student whereby the student is informed of the alleged violation and given an opportunity to deny or explain it.  The Vice President for Student Affairs, after whatever investigation he or she deems necessary has been conducted, shall make a determination of whether, based on a preponderance of the evidence, i.e., more likely than not, the student violated the Student Code of Conduct.  If the Vice President for Student Affairs determines that a student violated the Student Code of Conduct, he or she shall write a report identifying the alleged violation and set forth his or her determination of the sanction imposed.  Allegations of discrimination and sexual harassment, and retaliation will be investigated by the college’s Title IX Coordinator or his or her designee.  Respondents alleged to have engaged in a form of sex/gender-based violence will be given notice prior to the initial interview in the investigative process.

Any notice, report, decision or request which is to be given or served under these proceedings will be deemed given or served when either personally delivered to the person or office entitled to the notice, when delivered to the person’s campus mailbox, or when deposited in the United States mail, certified mail, postage prepaid, addressed to the person or office at that person’s last-known address as shown on the records of the college. Written notification of the outcome of the results of student disciplinary proceedings will be issued to the responding student and to the reporting party.  Victims of a crime of violence, or a non-forcible sex offense will also be notified of the outcome of the student disciplinary proceedings.  If the alleged victim is deceased as a result of such crime or offense, the next of kin of the victim will receive notification of the outcome. In cases involving alleged sexual misconduct, the college’s Statement of the Rights of the Parties shall prevail over any conflicting provision in these disciplinary procedures.

The Vice President for Student Affairs, with the concurrence of the President, shall have the right to summarily suspend a student who he or she believes has committed a violation of the Student Code of Conduct when, based upon such investigation and informal hearing as is reasonable under the circumstances, the Vice President for Student Affairs determines that the student’s continued presence poses a continuing danger to persons or property, or an ongoing threat of disruption of the academic process or when the Vice President for Student Affairs determines that compliance with federal or state law requires that the student not be allowed on campus.  In Title IX or other discrimination investigations, the Title IX Coordinator is authorized to assess the need for and impose supportive measures. Additional supportive measures may include, but are not limited to, assigning new living arrangements, modifying class schedules, restricting access to specific campus facilities, and/or emergency removal from campus.

If the student disagrees with the Vice President for Student Affairs’ or designee’s conclusion that he or she violated the Student Code of Conduct or with the sanction imposed, the student may file an appeal with the college President by delivering a written request to the Office of the Vice President for Student Affairs within seven (7) business days after the date on which he or she is served with a copy of the Vice President for Student Affairs (or designee’s) decision.  Upon receipt of the written request, the Vice President for Student Affairs will notify the President’s office within two (2) business days.  If the student does not deliver a timely written request for a hearing, the Vice President for Student Affairs’ determination and sanction shall become final, and the student shall have no further right to an appeal.  An appeal regarding a Title IX Notice of Outcome will be conducted in accordance with policy 3.110.

• Function and Jurisdiction. The Student Disciplinary Hearing Board shall provide a hearing in student discipline matters when a student has filed a timely appeal with the President as set forth in section F. Appeal.
• Structure and Organization. The Student Disciplinary Hearing Board (this is not the Title IX hearing panel) contains the same faculty appointees as the Faculty Hearing Board.  Details about the composition of the Faculty Hearing Board are presented in LC State Policy 2.115. The chair shall be elected each year from the voting members of the Student Disciplinary Hearing Board.  In cases involving students, four (4) students shall be included, with voice and vote, in the Student Disciplinary Hearing Board membership.  The students shall be appointed by the Student Body President.  A quorum shall consist of a simple majority of the members of the Hearing Board so long as two (2) student members are present, except in sexual misconduct cases.  The decision of the Student Disciplinary Hearing Board shall be made by a majority vote of the quorum who attended the hearing.
• Term of Office for Faculty members can be found in LC State Policy 2.115 at https://www.lcsc.edu/policies.
• Hearing Officer. Either the President or the Student Disciplinary Hearing Board may, but is not required to, appoint a Hearing Officer to preside at any hearing held by the Student Disciplinary Hearing Board.  The Hearing Officer may or may not be an attorney at law but must be experienced in conducting hearings.  He or she shall act in an impartial manner as the presiding officer at the Hearing.  The Hearing Officer may participate in its deliberations and act as its legal advisor but shall not be entitled to vote.
• For Title IX-related cases, a distinct hearing panel and appeal panel will be convened as necessary. See Discrimination, Sexual Harassment, and Retaliation Prohibited policy 3.110 at https://www.lcsc.edu/policies.
• College President. Upon receipt of an appeal, the President shall convene the Student Disciplinary Hearing Board.  Following the hearing, the President shall review recommendations from the Student Disciplinary Hearing Board and determine whether to affirm, modify or reverse the Vice President for Student Affairs’ determination.

Upon receipt of an appeal, the President shall convene the Student Disciplinary Hearing Board. Following the hearing, the President shall review recommendations from the Student Disciplinary Hearing Board and determine whether to affirm, modify or reverse the Vice President for Student Affairs’ determination.

If the student makes a timely written request for an appeal, the student shall be entitled to a hearing before the Student Disciplinary Hearing Board.  The following provisions shall be applicable to hearings before the Student Disciplinary Hearing Board:

• The hearing shall be held within thirty (30) calendar days of the receipt of the written request, unless the Student Disciplinary Hearing Board Chair finds that a reasonable extension of time is necessary and agreed upon by both parties.
• At the hearing, the Vice President for Student Affairs (Adjudicating Officer) shall present the basis upon which his or her decision was made along with any other evidence he or she deems necessary to support that decision. The student:
  • shall be given the opportunity to testify and present evidence and witnesses on his or her behalf;
  • shall have the opportunity to hear and question any adverse witnesses called by the Vice President for Student Affairs.
  • shall not be forced to testify against him/herself, and his or her refusal to testify shall not be considered as evidence against him or her; and
  • shall not have the right to be represented by an attorney except:
    • when the Vice President for Student Affairs will be represented by an attorney, he or she shall give written notice to the student of such representation and the student shall then have the right to be represented by an attorney at his or her own expense; and
    • where the charges against the student are, or are likely to be, the subject of a separate criminal action against the student, the student may be accompanied to the hearing by an attorney and shall have the right to consult with the attorney throughout the meeting, but the attorney shall not be entitled to present evidence, question witnesses, make arguments or otherwise participate in the meeting. When not accompanied by or represented by an attorney, the student may be accompanied by a non-lawyer advisor of his or her choice.
• The hearing before the Student Disciplinary Hearing Board shall be open to the public if both parties make a written request for an open hearing and deliver it to the Vice President for Student Affairs at least two (2) business days before the day of the hearing. If parties to the complaint do not agree on an open hearing or both prefer a closed hearing, the hearing will not be open to the public.  If neither party requests an open hearing, the hearing will not be open to the public.
• The Student Disciplinary Hearing Board will use a recording device to record the hearing. A copy of that record shall be made available to the student upon payment of the reasonable cost of that copy.
• Following the hearing, the Student Disciplinary Hearing Board shall review the documentary, oral and other evidence presented at the hearing. The Student Disciplinary Hearing Board will then issue a recommendation to the President that the Vice President's determination be affirmed, modified, or reversed.  The Student Disciplinary Hearing Board's recommendation shall be in writing and shall be forwarded to the President, along with the evidence presented at the hearing, within seven (7) calendar days of the conclusion of the hearing.
• The President shall issue a written decision within thirty (30) calendar days of the completion of the hearing. If an extension is required for proper review of the materials presented, written notifications of the extension will be provided to the primary parties.  Upon review of the Student Disciplinary Hearing Board’s recommendation, the President shall issue a final decision.  A copy of the written decision of the President shall be served on the responding party and the Vice President for Student Affairs, and in sexual misconduct cases, to the reporting party.
• A copy of the President’s determination will be included in the original respondent’s student file.
• For cases involving Title IX allegations, refer to Policy 3.110 Discrimination, Sexual Harassment, and Retaliation Prohibited for information and guidance on how the college will respond.

A party may appeal the President’s decision to the State Board of Education when, if and in such manner as the State Board of Education determines that such appeal shall be heard. See State Board of Education Policy III.P, Section 19 (https://boardofed.idaho.gov/board-policies-rules/board-policies/higher-education-affairs-section-iii/iii-p-students/).