Disciplinary Process
Purpose
Carteret Community College is committed to maintaining a safe, respectful, and educational environment that supports student success and the mission of the College. The disciplinary process is intended to provide a prompt, fair, and impartial resolution of alleged violations of the Student Code of Conduct while preserving the orderly operation of the institution.
This process is administrative and educational in nature and is not intended to function as a legal proceeding.
Reporting Alleged Violations
Students, faculty, staff, or administrators should promptly report alleged violations of the Student Code of Conduct to the Dean of Student Services or designee.
Matters involving:
- academic dishonesty, grades, or academic dismissal shall be referred to the Academic Violations process;
- Title IX, sexual misconduct, unlawful harassment, stalking, or sexual violence shall be referred to the Title IX Coordinator and addressed exclusively through applicable Title IX procedures; and
- all other non-academic student conduct matters shall be referred to the Dean of Student Services or designee.
Reports should be submitted in writing using the student’s or employee’s official College-issued email account.
Preliminary Review and Investigation
After reasonable efforts have been made to resolve the matter at the lowest appropriate level, upon receipt of a report, the Dean of Student Services or designee shall conduct a preliminary review of the matter. If it is determined necessary, the Dean of Student Services or designee shall issue an interim suspension or other emergency action.
Interim Suspension / Emergency Actions
The College may impose an interim suspension, or other immediate administrative action when a student’s continued presence may:
- pose a threat to the safety or well-being of any member of the College community,
- create a risk of property damage, or
- substantially disrupt College operations or educational activities
Such actions may take effect immediately and remain in effect pending resolution of the disciplinary matter.
An interim suspension is an immediate temporary suspension used in emergency situations involving threats to safety, security, property, or the orderly operation of the College and may be imposed by the President, Vice President, Dean of Student Services, or designee.
Upon notification of an alleged violation of a Student Code of Conduct, the Dean of Student Services or designee will interview involved parties, review available evidence, and consult with relevant College personnel as necessary. Evidence considered by the College will include witness statements, interviews, institutional records, emails, text messages, photographs, videos, audio recordings, electronic communications, social media postings, physical evidence, and other reliable information.
The Dean of Student Services or designee may evaluate credibility, reliability, consistency, and corroboration of information received when determining responsibility.
Notice of Alleged Violations
Students with alleged violations shall be notified of
- the alleged misconduct,
- the applicable Code of Conduct violation(s), and
- a summary of the information supporting the allegation,
Notice may be delivered by
- in person or phone contact and
- email to the students’ College-issued email account
The College considers delivery to the student’s official College email account to constitute official notice.
Discovery / Exchange of Information Process
Prior to the issuance of the Dean’s disciplinary decision, the College shall provide the student with access to the information that will be relied upon in reaching a decision, subject to applicable privacy laws and institutional interests.
The student shall have five (5) business days from the date the information is made available to submit a written response, additional documentation, or identify additional witnesses or evidence for consideration.
The College may provide a written response to newly submitted information within three (3) business days if necessary.
Evidence not disclosed during this exchange may be excluded unless:
- it was not reasonably available earlier, or
- it becomes necessary to address newly submitted information;
Standard of Evidence
The standard used to determine responsibility for alleged violations of the Student Code of Conduct shall be a preponderance of the evidence, meaning that it is more likely than not that the violation occurred.
This process is administrative and educational in nature and is not intended to function as a legal proceeding.
Dean’s Levels of Disciplinary Action
Violations of the Student Code of Conduct may result in one or more of the following disciplinary actions:
- Verbal Warning
- Written Warning or Reprimand
- Interim Suspension - Any faculty, supervisory staff member, the Deans, or Vice Presidents may refer a student to the Dean of Student Services to be considered for summary (immediate and temporary) suspension in situations involving the disruption of college activities or in situations representing an immediate danger to persons or property.
- Restitution
- Behavior Contract
- Restricted Access
- No-Contact Directives
- Removal from Specific Classes, Activities, or Locations
- or Refer to Vice President of Instruction and Student Supports’ Disciplinary Review Committee
(Note: In Title IX related issues, a trained adjudication panel will be used to determine sanctions.)
Advocate
Students may be accompanied by one advisor or support person during disciplinary meetings. Advisors may not actively participate, speak on behalf of the student, question witnesses, or otherwise disrupt proceedings.
The Dean will provide a student advocate upon request. The student advocate, as part of the disciplinary process, may assist the student in understanding College procedures and organizing information. The advocate may not act as legal counsel, communicate on behalf of the student, or otherwise interfere with the discipline process.
Participants are expected to respect the privacy of the disciplinary process. The College will protect confidentiality to the extent permitted by law while ensuring a fair investigation.
Right of Appeal
A student may appeal a disciplinary action imposed by the Dean to the Vice President of Instruction and Student Support by submitting a written appeal through official college email within five (5) business days of receiving written notice of the disciplinary action. The student’s appeal must describe on which grounds the appeal is based and a summary of supporting evidence.
Failure to submit an appeal within the stated timeframe shall constitute acceptance of the disciplinary decision and waiver of further appeal rights.
Grounds for Appeal
Appeals are limited to one or more of the following grounds:
- The disciplinary action was inconsistent with published College policy;
- Evidence does not support the finding of responsibility;
- New information has become available that was not reasonably available at the time of the original decision and could substantially affect the outcome. (New information does not include information that was available but was not submitted during the original disciplinary process despite reasonable opportunity to do so.)
The student bears the responsibility of demonstrating that one or more grounds for appeal exist. Disagreement with the outcome or sanction alone shall not constitute sufficient grounds for appeal.
Discipline Appeal Committee Review
The Vice President of Instruction and Student Support or designee shall convene a Discipline Appeal Committee. The committee shall consist of:
Vice President of Instruction and Student Support as Chair of the committee
Student Government Association President
Faculty Executive Committee Chair
Student Executive Committee Chair
One Division Dean
If any member has a conflict of interest, a designee of like role shall the named to participate in their place. The decision of the committee shall be made by majority vote.
The Discipline Appeal Committee shall review
- the written appeal,
- the disciplinary record,
- investigative materials,
- relevant documentation, and
- any supporting information submitted by the student.
The appeal review is administrative in nature and is not intended to rehear, retry, or reinvestigate the matter.
The Discipline Appeal Committee, at their discretion may
- request additional written information (Additional information requested during the appeal shall be limited to clarifying existing information or evaluating the stated grounds for appeal and shall not constitute a new investigation unless specifically ordered by the appeal officer.),
- meet with the student,
- meet with College employees or other students involved in the matter, or
- request clarification regarding submitted information.
The Discipline Appeal Committee shall issue a written decision within ten (10) business days of the receipt of the student’s request to appeal whenever reasonably possible.
The decision may:
- uphold the original decision,
- modify the sanction (A sanction may be modified only when it is determined to be clearly inconsistent with College policy or substantially disproportionate to the findings of responsibility.),
- overturn the decision.
Final Appeal to the President
A student may submit a final written appeal to the President of the College or designee within five (5) business days of receipt of the Discipline Appeal Committee decision.
The President’s review shall be based on evidence submitted by the student, the Dean, and the Discipline Appeal Committee during the previous disciplinary phases. The President may elect to meet with the student if he or she determines it necessary.
The President may affirm, modify, or reverse the prior decision.
A written final decision shall be issued within five (5) business days of the receipt of the student’s request to appeal whenever reasonably possible.
The decision of the President is final and concludes the College’s disciplinary appeal process.
Misuse of the Appeal Process
Knowingly submitting false information, repeatedly filing frivolous appeals, attempting to intimidate participants, or engaging in conduct intended to interfere with the orderly administration of the appeal process may constitute separate violations of the Student Code of Conduct.
Interim Measures and Administrative Actions Pending Appeal Phases
The College reserves the right to implement interim measures or immediate administrative actions when necessary to protect the safety, security, or orderly operation of the College.
Such measures may include, but are not limited to
- interim suspension;
- removal from specific classes, activities, or campus locations;
- restricted access directives;
- no-contact directives; or
- other administrative conditions deemed appropriate.