NDSCS College Catalog |
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| College Judicial Committee Process/Procedures | |
| Upon request of the student, the case shall be referred to the college’s Judicial Committee within five working days. | |
| If the student wishes to appeal the ruling, the following procedures will be followed: | |
| 1. The dean of student services shall notify the Judicial Committee and the student of the specific time and place of the meeting, shall enumerate the specific infraction(s) to be considered, and shall inform the student of his or her rights and responsibilities. The student must sign a statement affirming that these rights and responsibilities are understood and a copy has been received. | |
| 2. Judicial Committee members must be given at least two working days notice of the hearing so schedules can be cleared. (Judicial hearings take precedence over other job responsibilities, and Judicial Committee members must make every effort to attend. In the event a member is unable to attend, that member is responsible for selecting a substitute from their division or department to participate in the hearing for them.) A prejudiced member may be removed or may voluntarily take himself or herself off the committee if the situation warrants such action. | |
| 3. The hearing will be conducted by the Judicial Committee chair, to be determined by the committee at large. The committee will privately deliberate as long as necessary to determine, by majority, the decision of the case. The committee as a whole (majority rule) will have one vote, and the judicial officer will have one vote. Both the judicial officer and the committee must agree upon the sanctions. (This is done because it is the judicial officer who must enforce the sanctions.) | |
| 4. The committee shall, if possible, immediately render an oral decision. A written statement of committee action shall be given to the student within two days of the close of the hearing. The judicial officer, the Judicial Committee chair and the student must sign the decision document. The original will be kept in the student’s file. A copy will be presented to the student. The committee shall make a record summarizing the testimony and other evidence and attach to the record all documentary evidence. | |
| 5. The committee must rule on the following: | |
a. Is the student in violation of college policy as stated in the initial charge? |
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| 6. The following actions will be observed: | |
a. If it is determined that the student is not in violation of college policy, the sanction imposed will be overturned and no penalty will be levied. |
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| College Judicial Committee Appeal Process | |
| The student may appeal the decision within 10 calendar days to the President’s Disciplinary Appeal Committee, composed of the president, the vice president for academic and student affairs, one student representative selected by the Student Senate and the president of the Faculty Senate. The committee shall review the record made by the College Judicial Committee and make a decision based upon that record. However, the committee may, in its sole discretion, receive additional testimony or other evidence and make that additional evidence a part of its record. The student shall be informed of the committee’s action in person and in writing. | |
| The administration expects all students to understand and to abide by the normal rules and regulations congruent with an orderly and effective community. All references to working days shall be actual days that the college offices are open. | |
