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Garden City Community College administrators, faculty, and staff respect and protect the rights of everyone at the College. To ensure the fair treatment of everyone, the College has established the following disciplinary process.
The main objectives of the disciplinary process are to protect members of the campus community from harm due to the indiscretion of those on campus who are unable or unwilling to respect the rights of others, and to assure students due process if they have been charged with violating College rules and regulations as listed in this Policy.
Violations of the Code of Conduct are a matter of concern to administrators, faculty, staff, and students. The Dean of Student Services is responsible for receiving reports of alleged violations of the Code of Conduct. This process applies to alleged violations of this Policy except for allegations of discrimination, harassment, retaliation, and/or sexual misconduct which follow the resolution processes outlined in the https://www.gcccks.edu/about_gccc/policies/title_ix_-_non-discrimination_and_anti-harassment.pdf.
Garden City’s Student Disciplinary Process is a four-step model that consists of the following stages: Preliminary Inquiry, Investigation and Initial Decision, Disciplinary Review Committee Hearing, and Appeal to the Vice President for Student Services.
- Step 1: Preliminary Inquiry
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Any member of the community - administrator, faculty, staff, student, or third-party - may report an allegation and/or file a complaint against a GCCC student with the Dean of Student Services. Though anonymous complaints are permitted, doing so may limit the College’s ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Dean of Student Services and/or to Campus Police.
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The Dean of Student Services will conduct a preliminary inquiry into the nature of the incident, complaint, or notice of alleged policy violation, the evidence available, and the parties involved. The preliminary inquiry is a neutral fact-finding process that is used to determine whether there is sufficient information to warrant action by the College. Preliminary meetings with the Complainant and/or witnesses may occur before initiating the student conduct process or contacting the Respondent. If the Respondent is contacted about the complaint during the preliminary inquiry, the Respondent will be made aware of the initiation of the preliminary inquiry and that the incident could result in a student conduct process being initiated. The preliminary inquiry may result in any of the following:
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No Action: If there is insufficient credible information to indicate a violation occurred, the complaint will not be advanced to the formal student conduct process. The information will be retained by the College to document that the matter was reviewed.
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Educational Conversation: If the information provided is concerning but does not reach the level of a potential policy violation (e.g., an incident that occurs outside of the College’s jurisdiction or repeated low-level behaviors), College officials may have an educational conversation about the behavior with the Respondent.
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Conflict Resolution: The Dean of Student Services has the discretion to refer a complaint for mediation or other forms of appropriate conflict resolution. All parties must agree to conflict resolution and be bound by the decision with no hearing/appeal. Any unsuccessful conflict resolution can be forwarded for formal processing and hearing. The Dean of Student Services may also suggest that complaints that do not involve a violation of the Student Code of Conduct be referred for mediation or other appropriate conflict resolution.
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Initiation of Conduct Process: If there is reasonable cause to believe that a student/student organization may have violated this Policy, the formal conduct process will be initiated. A student Respondent facing an alleged violation of this Policy is not permitted to withdraw from the College until all allegations are resolved, unless special permission to do so is granted by the Dean of Student Services, in writing.
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Step 2: Investigation and Initial Decision
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The Dean of Student Services will assign the allegation(s) for investigation to either the GCCC Campus Police Department or another College official, if investigation is warranted. All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all available relevant parties and witnesses and the Investigator will obtain all available relevant evidence. Once the initiation of the investigation has occurred, the Respondent (including student groups or the president on record for a student organization) will be provided with written notice of the investigation a minimum of two (2) days before the Investigator schedules an investigation interview, barring any exigent circumstances. The notice will include the following:
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The alleged policy violation(s) and any potential sanctions that could be imposed.
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A link to the College policy(ies) implicated.
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A link to the College procedures used to resolve the complaint.
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The date and time of the scheduled investigation interview.
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An explanation of the ability to have an advisor of choice present throughout the student conduct process.
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The contact information for the College officials assigned to resolve the complaint.
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Notice will be made in writing and may be delivered by one or more of the following methods: in person or emailed to the Respondent’s College-issued email or designated accounts. Once emailed and/or received in-person, notice will be presumptively delivered.
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During the Respondent’s investigation interview, the Investigator will explain the Respondent’s rights and responsibilities, the alleged policy violation(s), and provide the Respondent an opportunity to review, after any required redaction, the information that was provided as the basis for the alleged policy violation(s). The Investigator will also answer questions about the conduct process. The Investigator may provide a range of possible outcomes for the alleged violation(s), but the Investigator cannot ensure that a specific outcome will occur.
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Once the investigation has concluded, the Investigator will compile a summary investigation report, including recommended finding(s) as to whether the Respondent violated the Code of Conduct, using the preponderance of the evidence standard (see Glossary of Terms).
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The investigation report is then forwarded to the Adjudicator (in most cases the Dean of Student Services, or designee). The Adjudicator will provide the Respondent with a copy of the investigation report and finding(s) and include a copy of this procedural regulation. This notice will be given to the Respondent and to their parent(s) or guardian(s) if student is a dependent and under 18 years of age.
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Findings:
The following options describe how the complaint will proceed depending on whether the Respondent is found responsible by the Investigator for violating College policy.
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The Respondent is found “Not Responsible”
Where the Respondent is found not responsible for the alleged policy violation(s), the investigation will be closed. The Complainant, if any, may request that the Adjudicator review the investigation file and possibly reopen the investigation or convene a hearing (as outlined in Steps 2 and 3). The decision to reopen an investigation or convene a hearing rests solely in the discretion of the Adjudicator and is granted only on the basis of extraordinary cause.
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The Respondent accepts a finding of “Responsible”
Where the Respondent accepts the Investigator’s finding that they violated College policy, the Adjudicator will recommend appropriate sanctions for the violation. If the Respondent accepts the recommended sanctions, the sanctions are implemented, and the process ends. There will be a three (3) day period for review between the date of the acceptance and when the resolution becomes final. The Respondent can decide to reject the sanctions within that time period and send the complaint to a hearing. Once a Respondent accepts responsibility and recommended sanctions, and the three (3) day review period ends, the Adjudicator’s determination is final and not subject to appeal.
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The Respondent rejects the finding of “Responsible”
Where the Respondent rejects the Investigator’s finding that they violated College policy, or does not accept the Adjudicator’s recommended sanctions, a formal hearing will be convened, as outlined in Step 3.
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Step 3: Disciplinary Review Committee Hearing
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Respondents may request a hearing from the Dean of Student Services with the Disciplinary Review Committee within two (2) days of receiving the recommended finding of responsibility from the Adjudicator. Within five (5) days of receiving the written request for a hearing, the Dean of Student Services will send a Notice of Hearing and notify the Respondent (and the Complainant, if any) of the date, time, and place of the hearing with the Disciplinary Review Committee. The Disciplinary Review Committee is comprised of three (3) trained faculty and staff members. The Dean of Student Services will appoint one member of the Disciplinary Review Committee to Chair the hearing. Hearings are conducted privately per state privacy laws and the Family Educational Rights and Privacy Act (FERPA). The hearing may be held to determine if Policy has been violated, or if a Policy violation has been admitted by the Respondent, for the purpose of assigning sanctions, only.
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The Complainant (if any), Respondent, and their respective advisors are permitted to attend the entire hearing, except for deliberations.
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In complaints involving multiple Respondents, the Dean of Student Services may determine that hearings be conducted jointly. Any Respondent who requests to have their hearing conducted individually may submit a written request a minimum of three (3) days before the scheduled hearing to the Dean of Student Services or designee who will decide whether to grant the request. The College may arrange for witnesses to attend the hearing and present relevant evidence. Failure of a witness to appear will not automatically require a delay or affect the validity of the proceedings. A decision will be made on the evidence presented during the hearing, including the evidence from the investigation report. The parties and witnesses will provide evidence to, and answer questions from, the Disciplinary Review Committee. Questions may be suggested by the Complainant or the Respondent to be answered by each other or by other witnesses. Suggested questions from the parties will be posed by the Disciplinary Review Committee. The Chair reserves the right to rephrase a question or to refrain from asking suggested questions that are not relevant.
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All procedural questions are subject to the final decision of the Chair with the assistance of the Dean of Student Services.
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If the Respondent, with adequate notice, does not attend a hearing, the hearing will typically proceed in the Respondent’s absence. The Respondent will not be presumed to be in violation, even if they choose not to attend the hearing.
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The College may accommodate concerns for the personal safety, well-being and/or fears of confrontation of the Complainant, Respondent, and/or witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation remotely, by written statement, or other means, where the College deems this accommodation to be appropriate.
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Once the hearing concludes, the Disciplinary Review Committee will deliberate and determine by simple majority whether the Respondent is responsible for violating College Policy using the preponderance of the evidence standard. The Disciplinary Review will issue sanctions in cases where the Respondent is found responsible for violating College Policy. The Chair will prepare a written outcome letter and deliver it to the Dean of Student Services, detailing the recommended finding, the evidence that supports the determination, and any evidence the Disciplinary Review Committee excluded from consideration and why. This outcome letter should conclude with any recommended sanction(s). This letter must be submitted to the Dean of Student Services within five (5) days of the end of deliberations unless the Dean of Student Services grants an extension.
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The Dean of Student Services will inform the Respondent (and any Complainant) of the Disciplinary Review Committee’s decision, typically within seven (7) days of the hearing. Notification will be made in writing and may be delivered by one or more of the following methods: in person or emailed to the student’s College- issued email account. Once emailed and/or received in-person, such notice will be presumptively delivered.
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Hearings (but not deliberations) are recorded by the College for the purpose of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted.
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Step 4: Appeal to the Vice President for Student Services
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Appeals must be based on at least one of the grounds for appeal outlined in the Appeals section below. Should a Complainant, if any, or Respondent request to appeal the decision made by the Disciplinary Review Committee, they may do so, in writing, directly to the Vice President of Student Services. The Vice President of Student Services will review all the documentation that was presented to the Disciplinary Review Committee during the hearing and conducts the appeal largely as a paper review of the record. Complainants, if any, and Respondents will be notified of appeal results in writing. The Vice President for Student Services’ decision is final.
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