Student Rights and Standards of Student Conduct

Delaware Technical Community College has the responsibility and duty to establish and deliver a comprehensive educational program to the citizens of the State of Delaware as defined in the law through the General Assembly. The College is committed to providing a learning environment for students in which they may grow both as students and citizens.

As members of the College community, students have an obligation to participate in the life of the College in a responsible manner. Students have the freedoms of speech, peaceful assembly and petition, as well as the right to due process. However, students also have responsibilities and duties commensurate with their rights and privileges.

I . Purpose

The purpose of this policy is to state and uphold rules and regulations deemed necessary for the orderly administration and operation of the College, for the orderly resolution of conflicts and disputes, and for the protection of the College community against misconduct and unlawful acts. Additionally, this policy identifies the type of conduct encompassed, the procedures to be used when infractions are alleged, and the sanctions for policy violations.

II. Scope

Delaware Technical Community College's jurisdiction for student discipline purposes shall include conduct that occurs on campus and at College-sponsored activities held off College premises that may adversely affect the College community and/or the pursuit of its objectives.
Conduct involving allegations of academic dishonesty will be handled under the College Policy on Academic Dishonesty.
A student who wishes to challenge an academic grade given in any course must proceed in accordance with the Academic Grade Challenge Policy.
Allegations concerning behavior in the academic setting will be handled under this Student Rights and Standards of Student Conduct Policy.
The Vice President for Academic Affairs, in consultation with the College-wide Deans of Student Affairs, may develop forms and procedures for the administration of this Student Rights and Standards of Student Conduct Policy.
The College will administer disciplinary action and, if necessary, initiate criminal or civil actions consistent with constitutional safeguards accorded by law. Any questions about the College's jurisdiction will be resolved by Delaware Technical Community College's Chief Legal Counsel.

IV. Student Rights

A. Students enrolled in any program or course at any campus of the College have the right to pursue their educational goals and may expect:

A description of the course to include the measurable objectives, course requirements and evaluation procedures.
A fair performance evaluation based on measurable objectives and course requirements.
The opportunity to discuss, inquire and express their views in the classroom or in conference.
Protection against improper disclosure concerning data which is confidential, in accordance with state and federal guidelines. (See the Family Educational Rights and Privacy Act FERPA)
To be treated with dignity and respect.

B. Procedure For The Resolution of Complaints By a Student

Step 1 - A student who feels that any of his/her rights, as identified above, have been violated is encouraged to first meet with the person accused of violating the students' rights to seek satisfactory resolution in an informal manner through discussion.

Step 2 - In the opinion of the student, if satisfactory resolution is not achieved at Step 1, the student shall meet with his/her academic counselor or advisor to discuss and facilitate a resolution of the complaint. The facilitator (academic counselor or advisor) may include other individuals as appropriate.

Step 3 - In the opinion of the student, if a satisfactory resolution is not accomplished at Step 2, the student shall file a written complaint with the Dean of Student Affairs. The written complaint shall be submitted within five (5) working days after all meetings with the facilitator have concluded. The complaint shall include the name of the person accused of violating one or more of the rights as set forth above, a statement of the specific right or rights alleged to have been violated by the accused, the manner in which the right or rights is alleged to have been violated, the identity of any person who has knowledge of any fact supporting the charge(s) and a summary of all facts of which the person is alleged to have knowledge, a summary of efforts to resolve the matter to date and the relief sought by the complaining party.

Step 4 - The Dean of Student Affairs, after reviewing the complaint to ensure that the resolution process has been properly followed, will forward a copy of the written complaint to the accused, who will be given an opportunity to respond to the accusations against him/her. The response shall be written and shall be submitted within 10 working days from the date the complaint is forwarded by the Dean of Student Affairs. If the accused is an employee, his or her immediate supervisor shall be notified by the Dean of Student Affairs that a complaint has been filed. The Dean of Student Affairs shall thereafter conduct such investigation into the allegations as he/she deems necessary and shall notify the student and the accused in writing of his/her determination. In the event that the Dean of Student Affairs determines that a students' rights have been violated by an employee of Delaware Technical Community College, then the Dean of Student Affairs shall also provide a copy of his or her decision to the appropriate dean or director, the Director of Human Resources of the campus where the employee is employed, or to the Assistant Vice President for Human Resources if the employee is employed in the Office of the President, who shall administer such discipline, if any, as he/she deems appropriate. Any disciplinary action and/or corrective action taken, or appeals thereof, will be in accordance with section XII, Conduct and Corrective Action Policy of the Personnel Policy Manual.

V. Standards of Student Conduct

Students enrolled in any program or course at a campus of the College have the responsibility to conduct themselves in a manner conducive to the orderly operation of the College and will be expected to:

Attend classes on a regular basis in order to have the maximum opportunity to complete the measurable objectives and meet the requirements of each course.
Respect the rights of staff members and students as they participate in College courses, programs and activities.
Satisfy all financial obligations to the College.
Comply with all published Delaware Technical Community College policies, rules and/or regulations.
Comply with all federal, state and local laws.
Treat others with dignity and respect.

A. Unacceptable Student Conduct

The College has determined that the following student actions are unacceptable and subject to disciplinary action under the procedures set forth in this policy.

Such behavior shall include, but not be limited to:

The incitement or acts of force, assault, offensive touching, coercion, harassment, violence, intimidation or any interference with the free movement of others upon the College premises, or any act which endangers the mental or physical health or safety, or any act which is in violation of the Delaware Technical Community College Violence-Free College Policy.
Disruption or obstruction of the orderly operation of Campus activities, on or off College premises. Disruptive behaviors may include, but are not limited to, profane or vulgar statements or gestures, personal habits, personal appearance, slanderous or libelous statements, speech-oriented activities or publications.
Gambling.
Possession, consumption and/or abuse of illegal drugs and/or alcohol or any violation of the Delaware Technical Community College Drug-Free School And Workplace Policy.
Forgery, bribery, perjury, making a false statement, and/or other behavior indicating dishonesty.
Cheating, plagiarism or other violation on the College's Policy on Academic Dishonesty.
Theft, robbery, criminal trespass and/or burglary.
Intentional destruction of College property or the property of another or damaging public or private real or personal property without the permission of the owner by knowingly, purposely or recklessly drawing, painting or making any significant mark or inscription thereon.
Sexual assault, stalking or other violation of the Delaware Technical Community College Sexual Assault Policy.
Violation of the Delaware Technical Community College Policy Prohibiting Weapons and Dangerous Instruments or Devices.
Violation of the Delaware Technical Community College Sexual Harassment Policy which will be handled according to the Procedure for the Resolution of Sexual Harassment Complaints
Violation of the Delaware Technical Community College Acceptable Use of Electronics Networks Policy.
Violation of any other published Delaware Technical Community College policy, rule and/or regulation.
Any other violation of federal, state or local law.

B. Procedure for the Resolution of a Complaint Against a Student

Any member of the College community who has reason to believe that a student has violated the Standards of Student Conduct should report the alleged violation to one of the following College officials:

Members of the Public Safety Department
Dean of Student Affairs
Dean of Instruction
Director of Workforce Development and Community Education (for non-credit students)
Evening Coordinator/Evening Operations Manager

The Vice President and Campus Director and each of the College officials designated above shall have the authority to immediately remove from campus any student who is accused of violating the Standards of Student Conduct when, in the opinion of the Vice President and Campus Director or other designated College official, the student's continued presence on campus creates an unreasonable risk to the health, safety and/or welfare of any member of the College community or is disruptive to the learning environment. This action may include calling the local law enforcement officers as necessary. In addition, after review with the respective Vice President/Campus Director, the Dean of Student Affairs shall have the authority to suspend a student pending a hearing in cases when, in the opinion of the Dean of Student Affairs, the welfare of the College community is endangered or jeopardized by the student's continued presence on campus or to place such conditions on the student's presence on campus as he/she determines in his/her discretion to be in the best interest of the College, its students and staff.

In cases where the initial report of alleged student misconduct is reported to a Dean of Instruction or a Public Safety Officer, he/she shall report the complaint to the Dean of Student Affairs as soon thereafter as is reasonably practicable.

The following procedure shall apply to all complaints against a student unless another procedure and/or process has been established by another College Policy or by agreement for students in non-credit courses.

Upon receipt of notice that a violation of the Standards of Student Conduct is believed to have occurred, the Dean of Student Affairs shall utilize the following procedure to resolve the matter:

Step 1 - If appropriate, the Dean of Student Affairs shall encourage the complaining party to first meet with the student accused of violating the Standards of Student Conduct in an effort to seek a satisfactory resolution in an informal manner through discussion.

Step 2 - In the opinion of the complaining party, if a satisfactory resolution is not accomplished at Step 1, or if informal discussions with the accused would jeopardize the health, safety or welfare of the complaining party, the Dean of Student Affairs shall request a formal written complaint from the complaining party. The written complaint shall be received within five (5) days after the request from the Dean of Student Affairs and shall include the name of the person accused of violating the Standards of Student Conduct, a statement of the specific Standards of Student Conduct alleged to have been violated by the accused, the manner in which the Standards of Student Conduct are alleged to have been violated, the identity of any person who has knowledge of any fact supporting the charge(s) and a summary of all facts of which the person has knowledge, a summary of efforts to resolve the matter to date and the relief sought by the complaining party.

The Dean of Student Affairs, after reviewing the complaint to ensure that all required information has been provided and the resolution process has been properly followed, will forward a copy of the written complaint to the accused, who will be given an opportunity to respond in writing to the accusations against him or her within five (5) working days. The Dean of Student Affairs shall include a copy of The Student Rights and Standards of Student Conduct and shall advise the accused of the following:

That the accused violator has the right to a hearing before a Campus Judicial Committee in accordance with the hearing process outlined in Section VI.
That the accused violator has a right to be represented by an advisor or an attorney in a hearing before the Campus Judicial Committee. The name of the advisor or attorney must be submitted to the Campus Judicial Committee at least twenty-four (24) hours prior to the hearing.
That the accused violator has a right to waive a hearing before the Campus Judicial Committee and to accept the disposition of the matter as determined by the Dean of Student Affairs, including the possible sanctions to be imposed.
That waiving the right to a hearing includes waiving the right to an appeal.
That the accused violator will be deemed to have waived his/her right to a hearing before the Campus Judicial Committee unless a written request is received by the Dean of Student Affairs within seven (7) working days after the date of the notice advising the accused violator of his/her rights as contained herein.
That the accused violator has the right to appeal the decision of the Campus Judicial Committee to the Dean of Student Affairs.

In the event the accused elects to have a hearing, the Dean of Student Affairs shall notify the Vice President and Campus Director of the need to appoint a Campus Judicial Committee. Upon receipt of the names of the Campus Judicial Committee appointments, the Dean of Student Affairs will notify all parties, in writing, of the date, time and place of the scheduled hearing. The hearing shall be conducted in accordance with Section VI. Either party has the right to appeal the decision of the Judicial Committee to the Dean of Student Affairs within seven (7) working days after receipt of the decision.

In the event that the accused student waives his/her right to a hearing or withdraws a request that was previously made, the Dean of Student Affairs shall conduct such investigation into the allegations as he/she deems necessary and shall notify the complainant and the accused student in writing of his/her determination. The investigation of the alleged violation and the subsequent decision of the Dean of Student Affairs shall be final. The Dean shall notify the accused violator and the complaining party, in writing, of the final determination.

C. Sanctions for Violation of Student Conduct Standards Sanctions applied for violations of Student Conduct Standards may include any one or more of the following:

Written Reprimand - A written notice to the student that his or her actions violated the Standards of Student Conduct and that future incidents of misconduct may be cause for further disciplinary action.
Disciplinary Probation - A specified period of time during which the student is expected to demonstrate appropriate conduct as a member of the academic community.
Academic or Social Restriction - Exclusion from stated classes, facilities, services or activities for a specified period of time.
Restitution - Payment for damages to College property or the property of another.
Rehabilitative Referral - Referral to an accepted physician or mental health counselor for evaluation and, if indicated, treatment for a physical, mental or psychological condition or disorder.
Suspension - Temporary (5 days or less) withdrawal of the student's right to attend classes or otherwise be present on College premises or to attend College functions, whether on campus or off campus.
Dismissal - Withdrawal of the privilege of registration, class attendance or activities on any campus of the College for an indefinite period of time.

The College reserves the right to refer a student for criminal prosecution, which may be in addition to any sanction set forth above.

VI. The Hearing Process

Written charges of Violations of Student Conduct Standards in which judicial proceedings are elected, will be referred to and heard by a Campus Judicial Committee composed of:

Two (2) students of the campus appointed by the Student Government Association.

Two (2) staff members, one (1) each appointed by the Dean of Instruction and the Dean of Student Affairs. Delaware Technical Community College's Chief Legal Counsel, or his/her designee, who shall serve as the chairperson.

No member of the Campus Judicial Committee may be a party to the case for which he/she is sitting in judgment. In the event that Chief Legal Counsel is a party or potential witness, then the chairperson shall be appointed by the College President. Pending final decision of the complaint the status of the accused will not change as to his/her continued presence on campus and participation in scheduled assignments or classes, except where his/her presence constitutes a real and present danger to himself/herself, to others or to the orderly operation of the College.

The accused will be advised by the Dean of Student Affairs of possible sanctions or disciplinary action with sufficient detail to enable him/her to prepare properly for the hearing. The accused may withdraw his/her request for a hearing at any time.

The complaining party may withdraw charges at any time. Once charges are withdrawn, they may not be reintroduced unless sufficient new evidence is brought forth. A written request to withdraw charges must be submitted to the Dean of Student Affairs who will notify all parties of the action.

The chairperson shall preside over the hearing and shall make all rulings concerning the admissibility of evidence. The hearing will be upon sworn or affirmed testimony and the proceedings will be tape-recorded for the preservation of the record. The Delaware Uniform Rules of Evidence shall be used as a guide to the admissibility of evidence. All documents submitted as evidence and the tape-recording of the hearing will be kept for not less than one (1) year. Since the hearing will be audio tape-recorded, it will be necessary for each person to state his or her identity when speaking. The parties may submit relevant factual data, documents, testimony and argument. Only evidence and argument presented at the hearing or presented to the Campus Judicial Committee and opposing parties before the hearing may be taken into consideration by the Judicial Committee in making its findings and rendering its decision. All members of the Judicial Committee must be present to proceed to hearing and must remain for the duration of the proceedings.

To begin the hearing, the chairperson of the Judicial Committee will read the statement of charges. The person bringing the charges may present evidence, call witnesses in his/her own behalf, and confront and cross-examine witnesses called by the accused. The accused shall have the right to present evidence, to call witnesses in his/her own behalf, and to confront and cross-examine witnesses called by the person bringing the charges. The Campus Judicial Committee may also call witnesses to give testimony, who shall also be subject to cross examination by either party. The person bringing the charges will be required to attend the hearing. The hearing will be open only to members of the Campus Judicial Committee, the accused and his/her advisor or attorney, the person bringing the charges and his/her advisor or attorney, and witnesses called to testify. All witnesses shall be sequestered.

Upon conclusion of the hearing, the Judicial Committee will make findings of fact and conclusion as to innocence or guilt which will be established by a preponderance of evidence and by majority vote of the Campus Judicial Committee. The burden of proof rests with the person bringing the charges. The chairperson will cast a vote only in case of a tie vote. The Campus Judicial Committee will submit a written decision to the Dean of Student Affairs within seven (7) working days, setting forth its findings and, if applicable, the disciplinary action to be imposed where a finding of guilt is rendered upon the student. The Dean of Student Affairs will forward a copy of the Campus Judicial Committee's decision to the accused student and to the person bringing the charges within five (5) working days after his or her receipt thereof.

In cases where a violation of the Standards of Student Conduct is found, the Dean of Student Affairs shall advise the student of his or her right to submit an appeal, in writing, within seven (7) working days from the receipt of the written notice. The appeal shall be to the Dean of Student Affairs and shall be based on the record before the Campus Judicial Committee. Upon review and examination of the Campus Judicial Committee's findings, the Dean may either affirm or reverse the Committee's decision. The decision by the Dean of Student Affairs shall be in writing and shall be the final disposition of the complaint.

Appendix - Definitions

The following definitions are included to provide clarity and prevent misunderstandings in the processes involved in utilizing the College Policy for Student Responsibilities and Student Rights:

Advisor
Any person selected by the accused or by the party initiating the charges to be present at the conference or hearing. An advisor may be a friend, parent, relative, peer, staff member or the student's faculty advisor or academic counselor.
Attorney
A person who is licensed to practice law in the State of Delaware.
Sequestered
In cases where two or more witnesses are to testify, only one witness will be permitted in the hearing at any given time. Sequestered witnesses will be instructed by the chairperson of the Judicial Committee to refrain from discussing matters pertinent to the hearing while waiting to testify.