FCC Academic Catalog 2016-2017

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2016/2017 fcc catalog
170 • 301.846.2400
Membership of the Student Discipline
Committee shall be composed of: a chairperson
elected by the College Senate, two (2)
representatives from Academic Affairs, one
(1) representative from Learning Support, one
(1) representative from Risk Management
Public Safety/Security, and two (2) student
representatives appointed by the Student
Government Association. When needed,
designees will be appointed for these positions
by the Senate chairperson.
After private deliberation, the Student Discipline
Committee shall determine through a majority
vote whether to uphold, modify, or dismiss the
sanction imposed by the AVP/DOS.
b. The Student Discipline Committee shall notify
the respondent in writing of the date, time, and
location of the Student Discipline Committee
appeal hearing. The appeal hearing will be
scheduled within three (3) workdays after
the appeal is received. If, however, a longer
period of time is needed in which to schedule
the appeal hearing, the respondent will be
notified in writing of the extension by the Chair
of the Student Discipline Committee or his/
her designee. Prior to the appeal hearing, the
respondent will be:
i. Provided with a written statement of the
violation charge(s) against him/her.
ii. Provided with a list of the alleged infractions.
iii. Informed of the right to appear alone or with
one College Support Person. Legal counsel
is permitted in the appeal hearing when the
respondent faces concurrent criminal charges,
the institution proceeds through counsel,
or the student faces potential suspension or
expulsion from the institution. Legal counsel
for the respondent is at the respondent’s
expense.
iv. Allowed to examine, in advance, any written
evidence or exhibits which the College plans
to submit; reciprocally, the respondent will
allow the College to examine, in advance, any
written evidence or exhibits the respondent
plans to submit.
v. Advised of the right to present information,
witnesses, and evidence on his/her behalf, as
long as all witness statements and evidence
directly pertain to the incident in question.
vi. Advised of the right to remain silent without
assumption of responsibility.
vii. Advised of the right to appeal to the Vice
President for Learning Support the decision
of the Student Discipline Committee in cases
where the disciplinary sanction is suspension
or expulsion from the College.
2. Student Appeal Hearing Procedures
a. Students may appeal a disciplinary sanction
imposed by the AVP/DOS to the Student
Discipline Committee. The appeal hearing shall
be closed to the public. The Chairperson of the
Student Discipline Committee shall have the
duty of maintaining order at the appeal hearing
and, therefore, shall have the right to exclude
any disruptive party or disruptive witnesses
from the appeal hearing.
b. Failure of the respondent to appear for the
appeal hearing without prior notification
or evidence of extenuating circumstances,
provided adequate advance notice of the
appeal hearing time, date, and location has
been given, waives his/her right for further
appeal and the disciplinary action taken by the
AVP/DOS will stand.
c. All meetings of the Student Discipline
Committee will be taped or transcribed. In
addition, the following order of presentation
will be observed:
i. Opening statement of the complaint and
disciplinary sanctions assigned by the AVP/
DOS to be presented by the Chairperson
of the Student Discipline Committee or
designee.
ii. Opening statement by the respondent who
is appealing.
iii. Presentation of evidence to support the
appeal by the respondent.
iv. Private deliberation by the Student Discipline
Committee.
d. The respondent will be notified in writing of the
Student Discipline Committee decision within
five (5) workdays. If, however, a longer period
of time is required to complete the decision,
the respondent will be notified in writing of the
extension by the Chair of the Student Discipline
Committee or his/her designee.
e. The decision of the Student Discipline
Committee shall be final, subject only to
the respondent’s right of appeal to the Vice
President for Learning Support in cases where
the decision is suspension or expulsion from
the College.
3. Appealing the Decision of the Student Discipline
Committee
a. The decision of the Student Discipline
Committee may be appealed to the Vice
President for Learning Support only when the
disciplinary sanction imposed is suspension
or expulsion from the College. An appeal of
suspension or expulsion to the Vice President
for Learning Support must be based on one of
the following grounds:
i. The Student Discipline Committee did not
adhere to the prescribed procedures.
ii. Suspension or expulsion was not appropriate
for the violation(s) for which the respondent
was found to be responsible.
iii. Respondent claims that new evidence
or facts should be considered that
were unknown by or unavailable to the
respondent.
b. An appeal must be submitted in writing to
the Vice President for Learning Support’s Office
within five (5) workdays following receipt of
the Student Discipline Committee decision.
Failure to file a written appeal within the time
period presumes the student’s acceptance of
the Student Discipline Committee decision and
waives the right to further appeal.
c. The respondent will be informed of the date,
time and location of when and where the appeal
will be heard by email and/or telephone, as well
as by written notification sent by registered and
priority mail, within five (5) workdays of receipt
of the written appeal.
d. Following the appeal, the respondent will be
informed in writing of the decision by the Vice
President for Learning Support within five (5)
workdays. If a different but lesser sanction is
imposed, the Vice President for Learning Support
shall notify the Student Discipline Committee.
The decision of the Vice President for Learning
Support will be final.
VII. Reenrollment Following a Disciplinary
Suspension
A. A respondent who has been subject to
disciplinary suspension from the College must
request reenrollment and meet with the Vice
President for Learning Support. The student
must present evidence that he/she has satisfied
any and all conditions of reenrollment that were
established at the time the suspension was
imposed. Where appropriate, the respondent
may be required to provide documentation
from a qualified professional indicating that the
respondent no longer poses a significant risk of
substantial harm to the health or safety of such
respondent, or others, or of interference with the
normal operations of the College, its students,
faculty, and staff.
B. The Vice President for Learning Support or
his/her designee must approve the request
for reenrollment. In approving a request
for reenrollment, the Vice President or his/
her designee may impose conditions and/or
requirements under which the respondent will
be allowed to reenroll. The respondent will be
notified in writing of the decision regarding
his/her request for reenrollment including any
conditions and/or requirements under which the
respondent will be allowed to reenroll.