Conduct Procedures

Interim Measures

The interim measure process is separate and distinct from the investigation and discipline process. While a disciplinary decision is pending, the Dean of Student Services, in coordination with the CARE Team, may immediately impose interim action(s) in the event that a student’s continued presence in a class, program, activity, or event, or on any College-owned, College-operated, or College-utilized facility, poses a significant danger to themselves or others, and/or there is reasonable cause to believe that such interim action is required to protect lives or property or to ensure the maintenance of order. In imposing interim action, the Dean of Student Services will consider potential consequences of the action imposed, such as the student’s inability to attend classes. The College may allow for alternative means for the student to fulfill academic and other obligations. A student may request a review of an interim measure while it remains in effect by submitting a written request to the Vice President for Student Services. The Vice President for Student Services will review the request and determine if the interim action will be upheld, modified, or terminated. The decision of the Vice President for Student Services is final.

Group Violations

A student group or organization and its officers and membership may be held collectively and/or individually responsible when the organization or its member(s) violate this Policy by actions that:

• Take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or tacit.
• Have received consent or encouragement of the organization or of the organization’s leaders or officers.
• 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.

Amnesty

The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to College officials or participate in conduct processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident.

To encourage reporting of acts of significant misconduct and participation in the process, the College maintains a policy of offering Complainants and witnesses amnesty from minor policy violations-such as underage consumption of alcohol or the use of illicit drugs-related to the incident. The College’s Amnesty Policy is accessible at: https://www.gcccks.edu/about_gccc/policies/amnesty.pdf.

Investigations

The Dean of Student Services will appoint the Investigator. The Investigator will take the following steps, if not already completed by the Dean of Student Services (not necessarily in this order):

• Initiate any necessary interim measures on behalf of the Complainant (if any). 
• Determine the identity and contact information of the party bringing the complaint, whether that person is the initiator of the complaint, the alleged Complainant, or a College proxy or representative. 
• Conduct an immediate preliminary inquiry to identify an initial list of all policies that may have been violated, to review the history of the parties, the context of the incident(s), any potential patterns, and the nature of the complaint. 
  • 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. 
  • 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.
• If indicated by the preliminary inquiry and authorized by the Dean of Student Services, conduct a comprehensive investigation to determine if there is reasonable cause to believe that the Respondent violated College policy, and to determine what specific policy violations should serve as the basis for the complaint. 
  • If there is insufficient evidence through the investigation to support reasonable cause, the allegations will be closed with no further action. 
  • A comprehensive investigation usually takes between one (1) day and two (2) weeks.
• Meet with the Complainant or individual who provided notice of the alleged policy violation(s) to finalize their statement, which will be summarized by the Investigator and verified by the Complainant or individual who provided notice. 
• 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 Respondent, who may be given notice of the interview prior to or at the time of the interview. 
  • Prepare the notice of investigation for Respondent.
• Interview all relevant witnesses, summarize the information they share, and have each witness sign the interview summary to verify its accuracy. 
• Obtain all documentary evidence and information that is available. 
• Obtain all physical evidence that is available.
• Complete the investigation promptly by analyzing all available evidence without unreasonable delay. 
• Make a finding, based on the preponderance of the evidence (whether a policy violation is more likely than not).
• Send the investigation report to the Adjudicator and update the Complainant, if any, of the status of the investigation and recommended findings.

Notice of Hearing

Once a determination is made to refer a complaint for a hearing, notice will be given to the Respondent and Complainant (if any). Notice will be made in writing and may be delivered by one or more of the following methods: in person or emailed to College-issued email or designated accounts. Once emailed and/or received in-person, notice will be presumptively delivered. 

The Notice of Hearing will include: 

• A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result. 
• The time, date, and location of the hearing. 
• Description of any technology that will be used to facilitate the hearing. 
• Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Disciplinary Review Committee and parties to see and hear a party or witness answering questions. Such a request must be raised with the Dean of Student Services as soon as possible, preferably at least five (5) College business days prior to the hearing. 
• A list of all those who will attend the hearing, along with an invitation to object to any member of the Disciplinary Review Committee based on demonstrated bias or conflict of interest. This must be raised with the Dean of Student Services at least two (2) College business days prior to the hearing. 
• A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Disciplinary Review Committee Chair may reschedule the hearing. 
• Notification that the parties may have the assistance of an Advisor of their choosing at the hearing. 
• An invitation to contact the Dean of Student Services to arrange any disability accommodation, language assistance, and/or interpretation services that may be needed at the hearing, at least three (3) College business days prior to the hearing.

Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to this Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by the College.

Hearing Options and Preparation

When a Respondent denies violating College policy, a formal hearing will be conducted. Respondents who deny a violation for which a hearing will be held will be given a minimum of ten (10) days to prepare unless all parties wish to proceed more quickly.

Preparation for a formal hearing is summarized in the following guidelines:

• 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: in person by the Dean of Student Services or emailed to the student’s College-issued email account. Once emailed and/or received in-person, notice will be presumptively delivered. 
• If there is a Complainant of the conduct in question, the Complainant may serve as the party bringing the complaint or may elect to have the College serve as the party bringing the complaint forward. Where there is no Complainant, the College will serve as the party bringing the complaint forward. 
• If a Respondent fails to respond to notice from the Dean of Student Services, the Dean of Student Services may initiate a complaint against the Respondent for failure to comply with the directives of a College official and give notice of this offense. Unless the Respondent responds to this notice within two (2) College business days by answering the original notice, an administrative conference may be scheduled and held on the Respondent’s behalf. As a result, the student may be administratively withdrawn from attending classes or a disciplinary hold may be placed on their College account, deeming them ineligible to register for courses or College housing until such time as the student responds to the initial complaint. 
• At least three (3) College business days before any scheduled formal hearing, the following will occur:
  • The Respondent will deliver to the Dean of Student Services a written response to the complaint, if they so choose. 
  • The Respondent will deliver to the Dean of Student Services a written list of all witnesses for the College to call at the hearing. 
  • The Complainant or person bringing the complaint will deliver to the Dean of Student Services a written list of all witnesses for the College to call at the hearing. 
  • The Complainant and the Respondent will notify the Dean of Student Services of the names of any Advisors who may be accompanying the parties at the hearing.
• The Dean of Student Services will ensure that the hearing information and any other available written documentation is shared with the parties at least two (2) College business days before any scheduled hearing. In addition, the parties will be given a list of the names of all the Committee members in advance. Should any party object to any Committee member, that party must raise all objections, in writing, to the Dean of Student Services immediately. Committee members will only be unseated if the Dean of Student Services concludes that their bias or conflict of interest precludes an impartial hearing of the complaint. Additionally, any Committee member who feels they cannot make an objective determination must recuse themselves from the proceedings.

Disciplinary Review Committee Hearing Procedures

The Dean of Student Services will appoint one member of the Committee as the Chair for the hearing. The parties have the right to be present at the hearing but not during Committee deliberations. If a party cannot attend the hearing, it is the party’s responsibility to notify the Dean of Student Services no later than (3) College business days prior to the scheduled hearing. Except in cases of unforeseen circumstances, if the party requesting a rescheduled hearing fails to provide the three (3) day notice, or fails to appear at the hearing, the hearing will proceed as scheduled. If the Complainant fails to appear, the complaint may be dismissed unless the College chooses to pursue the allegation, as determined by the Dean of Student Services. 

The Dean of Student Services, the Chair, and the Committee will conduct disciplinary hearings according to the following guidelines:

• Hearings are closed to the public. 
• Admission to the hearing of individuals other than the parties and their advisors will be at the discretion of the Dean of Student Services. 
• In hearings involving more than one Respondent, the standard procedure will be to hear the complaints jointly. However, the Dean of Student Services may permit the hearings to be held separately. In joint hearings, separate determinations of responsibility will be made for each Respondent. 
• The parties may each have an Advisor of their choice present with them for the hearing if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available. (“Available” means the party cannot insist on an Advisor who simply does not have inclination, time, or availablity. Also, the Advisor cannot have conflicting roles, such as being a College official who has an active role in the matter, or a supervisor who must monitor and implement sanctions.
• Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by the Committee. Formal rules of evidence are not observed. The Committee may decide to limit the number of character witnesses presented or may accept written affidavits of character instead. 
• All procedural questions are subject to the final decision of the Chair of the Committee. 
• After the Committee hearing, the panel will deliberate and determine, by simple majority, whether it is more likely than not that the Respondent violated College policy. The Dean of Student Services may be present during deliberations to serve as a resource but will not participate substantively in the deliberations. Once a finding is determined, the Committee will determine appropriate sanction(s) if the finding is one of responsibility.
• The Dean of Student Services is responsible for informing the Committee of applicable precedent and any previous conduct violations or other relevant pattern information about the Respondent. The Chair will prepare a written deliberation report and deliver it to the Dean of Student Services, detailing the recommended finding, how each member voted, the information cited by the Committee in support of its recommendation, and any information the Committee excluded from its consideration and why. This report should conclude with any recommended sanction(s). This report must be submitted to the Dean of Student Services within five (5) College business days of the end of deliberations, unless the Dean of Student Services grants an extension. 
• The Dean of Student Services will inform the Respondent and Complainant, if any (and as permitted by federal and state laws and College policy), of the final determination, typically within seven (7) College business days of the hearing. Notification will be made in writing and may be delivered by one or more of the following methods: in person by the Dean of Student Services or emailed to the student’s College-issued email account. Once emailed and/or received in-person, such notice will be presumptively delivered. Notice of the outcome will be delivered to all parties simultaneously, meaning without substantial delay between the notifications to each. 
• Hearings are recorded by the College for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted. The Committee, the parties, their Advisors, and appropriate administrators of the College will be permitted to review the recording or review a transcript of the recording, upon request to the Dean of Student Services. No person will be given or be allowed to make a copy of the recording without permission of the Dean of Student Services.

Appeals

Appeals must be filed in writing with the Vice President for Student Services within three (3) 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 Services. Respondents and Complainants, if any, may file an appeal on one or more of the following grounds:

• A procedural irregularity affected the outcome of the matter. 
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter. A summary of the new evidence and its potential impact must be included. 
• The Investigator, Adjudicator, or any member of the Disciplinary Review Committee had a conflict of interest or bias that affected the outcome of the matter. 
• The sanctions imposed are substantially outside the parameters or guidelines set by the College for this type of offense or the cumulative conduct record of the Respondent.

If any of the grounds in the Request for Appeal do not meet the grounds in this Policy, that request will be denied by the Vice President for Student Services, and the parties and their Advisors will be notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Vice President for Student Services will notify all parties and their Advisors, the Dean of Student Services, and, when appropriate, the Investigator, and/or the Disciplinary Review Committee.

All other parties and their Advisors, the Dean of Student Services, and, when appropriate, the Investigator and/or the Disciplinary Review Committee will be emailed and/or provided a hard copy of the Request for Appeal with the approved grounds and then be given five (5) business days to submit a response to the portion of the appeal that was approved and involves them. All responses, if any, will be forwarded by the Vice President for Student Services to all parties for review and comment. 

The non-appealing party (if any) may also choose to appeal at this time. If so, that request will be reviewed to determine if it meets the grounds in this Policy by the Vice President for Student Services and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Dean of Student Services, and the Investigator and/or Disciplinary Review Committee, as necessary, who will submit their responses, if any, within five (5) business days. Any such responses will be circulated for review and comment by all parties. If not approved, the parties will be notified accordingly, in writing. 

Neither party may submit any new requests for appeal after this time period. The Vice President for Student Services will collect any additional information needed and all documentation regarding the approved grounds for appeal and will render a decision within no more than five (5) business days, barring exigent circumstances. All decisions apply the preponderance of the evidence standard. The appeal is deferential to the Committee decision, making changes to the finding only where there is a clear error, and changes to the sanction only where there is compelling evidence to do so. The Vice President for Student Services may remand the matter to the investigator or Committee, as appropriate, if an appeal is granted. 

A Notice of Appeal Outcome will be sent to all parties simultaneously. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanction(s) that may result which the College is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent the College is permitted to share under state or federal law.

Notification will be made in writing and may be delivered by one or more of the following methods: in person or emailed to the parties’ College-issued email or otherwise approved account. Once emailed and/or received in-person, notice will be presumptively delivered.

Student/Student Organization Sanctions

The following are the usual sanctions that may be imposed upon students or student organizations singly or in combination:

• Mandatory Training: This training is provided to educate the Respondent that their conduct violated College Policy and does not align with GCCC’s expectations for community members. 
• Disciplinary Warning: This written warning is provided to acknowledge that the Respondent’s behavior violated College policy and does not align with Garden City Community College’s expectations for community members. Another breach of College policy and/or if the Respondent is found responsible for any future violations of College policy may result in more severe disciplinary action. 
• Disciplinary Probation: The student is deemed not in good conduct standing with the College. The duration of any probationary period will be determined by the sanctioning authority on a case-by-case basis. Any further violations of College policy while on probation may result in more serious sanctions being imposed, which may include suspension or dismissal from the College. Restrictions that may be placed on the student during the probationary period include but are not limited to: 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. 
• Suspension: The student is required to leave the College for a designated time and/or until conditions specified at the time of the suspension are met. During the 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. A currently enrolled student is withdrawn from their classes and is not eligible for a refund. A registration and records hold will be placed on the student’s account until the conclusion of the suspension period. 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. The student must complete all assigned educational sanctions before the conclusion of the suspension period. The suspension will remain in effect until they are completed, and any other conditions are met. Any further violations of College policy while on suspension could result in more serious sanctions being imposed. 
• 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. During the dismissal, the student is not allowed on College premises unless authorized in writing in advance under conditions approved by the Vice President for Student Services or their designee. A currently enrolled student is withdrawn from their classes and may not be eligible for a refund. 
• 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. 
• Residence Hall 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’s Housing and Residence Life contract will be terminated and the student will be responsible for paying any remaining fees for the duration of the original contract period. 
• Campus and/or Building Ban: The student is prohibited from being on any campus property and/or entering specific College facilities. Any student alleged to have violated a campus and/or building ban may be subject to additional disciplinary action. 
• No Trespass Order: The student is prohibited from being on any campus property and/or entering specific College facilities. Any student alleged to have violated a campus and/or building ban may be subject to arrest.

Parental Notification

The College reserves the right to notify the parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The College may also notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and/or other drug violations. Parental notification may also be utilized discretionarily by College officials when permitted by the Family Educational Rights and Privacy Act (FERPA), such as in emergency situations, or with consent of the student.

Notification of Outcome

The outcome of a Disciplinary Review Committee hearing is part of the education record of the Respondent and is protected from release under FERPA, except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence,” the College will inform the Complainant in writing of the final results of the hearing regardless of whether the College concludes that a violation was committed. Such release of information may only include the Respondent’s name, the violation committed, and the sanctions assigned (if applicable).

In cases where the College determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” 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 
• Burglary 
• Criminal Homicide - manslaughter by negligence 
• Criminal Homicide - murder and nonnegligent manslaughter 
• Destruction/damage/vandalism of property 
• Kidnapping/abduction
• Robbery
• Forcible and Non-forcible sex offenses (Complaints of forcible and non-forcible sex offenses and their related proceedings will be processed through the College’s Non-discrimination/Anti-Harassment Policy)

Failure to Comply with Sanctions or Responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final outcome (including appeal outcomes).

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension and/or termination from the College.

A suspension will only be lifted when compliance is achieved to the satisfaction of the Dean of Student Services.

Disciplinary Records

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