Statement of Student Rights and Responsibilities - Continued

At the time of notification of formal charges, the Dean of Students will offer the student his/her choice of hearing settings:

1. An administrative hearing which will be conducted by the Dean of Students who will decide guilt or innocence and the appropriate action or sanction: dismissal of the charges, placing the student on disciplinary probation, or recommending to the President suspension or dismissal.

2. A Student Conduct Committee hearing which will decide guilt or innocence. The committee will be comprised of the Dean of Students (Chair), two other members of Student Services, two faculty members appointed by the Vice President for Instruction, and two students appointed by the Dean of Students upon recommendation of the Student Government Association president. After the presentation of evidence (against and in defense of the student), if the committee decides that there is clear and convincing evidence that the student is guilty, it will recommend the action or sanction to be taken. If the committee decides that the student is not guilty, it will recommend that the charges be dismissed. The Dean of Students will make the final decision and recommendation, then inform the student of the decision, the procedures of review and the grounds for appeal.

In both hearing settings the following will apply:

1. The accuser and the accused are entitled to have the same opportunities to have others present.

2. Both the accuser and the accused will be informed of the outcome of any disciplinary hearing or an appeal of the findings.

3. Persons serving as legal counsel may not participate in disciplinary hearings.

4. Adult students may not seek advice from any person while a disciplinary hearing is in progress.

5. The participation of a parent or legal guardian of the accuser or of the accused student who is a minor may be limited by the Dean of Students, at his/her discretion.

6. All other rules of procedure for the hearing will be outlined at the beginning of the hearing by the Dean of Students.

Seven days after the student has been notified of the findings and recommendations the Vice President for Instruction will review the records, evidence and findings of all hearings before the recommendation for suspension or dismissal goes forward to the president. If the vice president decides that published disciplinary procedures were not followed, the matter will be returned to the Dean of Students for rehearing.

Students who are found guilty in either hearing setting may, within seven (7) days of notification of the findings and recommendations, appeal in writing to the Vice President for Instruction on the basis of one of the following:

1. The discovery of new evidence.

2. The recommended penalty would impose unusual and severe hardship on the student.

3. Published disciplinary procedures were not followed.

The Vice President for Instruction will hear the appeal and do one of the following:

1. Uphold the original hearing findings, and forward to the President:
   1. the recommendation to suspend or dismiss, or

   2. recommendation to impose a lesser sanction.

2. Based upon new evidence, dismiss the charges, or

3. Return the matter to the original hearing setting for rehearing if published disciplinary procedures were not followed.

A student may appeal the decision of the Vice President for Instruction to uphold the original findings and recommendations only on the basis of new evidence. This appeal must be submitted to the president, in writing, within seven days after notification to the student of the Vice President for Instruction's decision.

No student shall be suspended or dismissed from OWCC without approval by the President. The President shall have the authority to temporarily suspend, while awaiting the disciplinary procedures outcome, any student whose behavior is judged by him to be detrimental, or potentially detrimental, to the college community.