Procedures for Disciplinary Action
Procedures for disciplinary action provide for prompt, fair, and impartial investigation and resolution of offenses and are conducted by officials who are trained to handle the issues for which they are responsible. Both the accuser and the accused have the right to have an advisor present during the hearing process.
- Report of offenses
Students, faculty members, staff, or administrators should immediately report incidents that violate the Rules of Student Conduct to the appropriate Dean. Issues involving grades, academic dishonesty, or dismissal from a course or program are reported to the Academic Dean for the course or program in which the violation occurred.
Cases involving unlawful harassment, stalking, or sexual violence must be reported to the Title IX Coordinator. All other matters of student behavior unrelated to unlawful harassment, stalking, sexual violence, grades, academic dishonesty or academic dismissal from a course or program are reported to the appropriate Dean.
- The appropriate Dean (or Title IX Coordinator) will confer with all parties involved and initiate one of the following actions:
- Declare the case closed immediately for lack of evidence and notify the accused and the accuser in writing.
- Constitute an investigation team, including the Title IX Coordinator, in cases of unlawful harassment, stalking, or sexual violence to research the charge and provide evidence for adjudication.
- Invoke sanctions. The student may be required to make restitution or be placed on probation, suspension, or expelled from the College for conduct or personal behavior that is in violation of the Rules of Student Conduct.
- Notification
Any faculty, staff member, or administrator who takes disciplinary action against a student beyond a verbal warning shall:- Notify the student in writing, delivered by certified mail, return receipt requested, restricted delivery, email to the student’s college account, or hand delivery.
- Send a copy of the notice to the following:
- Dean of Student Services;
- Drafter’s immediate supervisor;
- Appropriate vice president; and
- Appropriate academic dean supervising the student’s program of study.
The notice shall set out the following: - Claimed misconduct;
- Specific charges against the student;
- Evidence substantiating the charges;
- Disciplinary action to be taken;
- Specific appeal procedures available to the student, if applicable; and
- When the results become final.
In cases involving a student accuser and accused, the Dean will simultaneously notify in writing the accuser and the accused. The appeal shall be in accordance with the Procedures for Student Appeal outlined in the College Catalog & Student Handbook. The Dean of Student Services shall be responsible for placing a copy of the notice of disciplinary action in the student’s file, which may be noted on the student’s transcript.
- Standard of Evidence
The standard of evidence used to determine responsibility for violation of the Rules of Student Conduct is preponderance of the evidence. Preponderance is defined as more than 50% of the weight of the evidence needed to decide on responsibility.
- Status of an Accused Student
As a general rule, the status of a student accused of a violation of the rules of student conduct should not be altered until a final determination has been made regarding the charges. Interim suspension may be imposed, however, upon a finding by the appropriate college official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused or any other member of the institution’s community or its guests, poses a threat of destruction of property, or shows potential for substantial disruption of classroom or other campus activities.
Summary Suspension Procedures
A summary suspension is an immediate and temporary suspension without a hearing which is used rarely and only in cases where the continued presence of the student on campus constitutes an immediate threat to the physical safety and well- being of the accused or any other member of the institution’s community or its guests, poses a threat of destruction of property, or shows a potential for substantial disruption of classroom or other campus activities.
Resolution of Student Grievances
Students may be affected by separate and distinct types of action at the College, which are subject to due process and can be appealed.
Academic action- any action that directly relates to grades or participation in classes, programs, or other academic activities is generally handled by the academic deans.
Disciplinary action- any action that violates the Rules of Student Conduct (excluding academic dishonesty and Title IX) is generally handled by the Dean of Student Services.
Policy application- any action as a result of application of college policy that negatively impacts a student’s status with the College is generally handled by the Dean of Student Services.
Title IX-Related Issues- any action as a result of a Title IX related violations is handled by the appropriate Vice President.
Any student at Carteret Community College who reasonably believes that they have been injured by an act or omission of the College or its employees or has had an action taken against them that was executed incorrectly or unfairly has the right to lodge a grievance. Grievances generally fall into two categories, complaints and appeals.
Levels of Disciplinary Action
Violation of one or more of the rules set forth above may be the basis for one or more disciplinary actions as follows:
(Note: In Title IX related issues, a trained adjudication panel will be used to determine sanctions.)
- Verbal Warning- Any faculty or staff member may issue a verbal warning.
- Written Reprimand- Any faculty or supervisory staff member may issue a written reprimand. Verbal warning and written reprimand cannot be appealed because no action is taken against the student.
- Summary 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.
- Probation- A Dean, the Vice President of Instruction and Student Support, the Vice President of Corporate and Community Education, and the President are responsible for disciplinary action involving probation.
- Suspension- A Dean, the Vice President of Instruction and Student Support, the Vice President of Corporate and Community Education, and the President are responsible for disciplinary action involving suspension.
- Expulsion- The Dean of Student Services, the Vice President of Instruction and Student Support, the Vice President of Corporate and Community Education, and the President are responsible for disciplinary action involving expulsion.
- Loss of Credit- The appropriate Vice President may exercise the authority for the loss of course credit or grade.
- Restitution- A Dean, the Vice President of Instruction and Student Support, the Vice President of Corporate and Community Education, and the President are responsible for disciplinary action involving restitution
Student Appeals
All student appeals of an Academic Action or Policy Application shall follow the procedures outlined below.
Appeal of Academic Action
Grounds for Appeal
A student may appeal an Academic Action for the following reasons:
- College policy or grade issued was arbitrary, capricious, or contrary to written instructions;
- Appellant was not fully informed of the College’s dissatisfaction with student’s academic or clinical progress
Timing and Form of Appeal
The appeal of an instructor’s academic action involving the award of a final grade shall be made in writing, within ten (10) business days of the date that the final course grade is posted to Carteret Compass.
The appeal of a removal from a course for reasons other than academic dishonesty shall be made in writing, within five (5) business days of notification of being dropped, be it a written or verbal notification.
The letter of appeal shall:
- Clearly state the student’s grounds for appeal and any supporting information;
- Be sent certified mail, return receipt requested, restricted delivery, by email from the student’s college account, or hand-delivered; and
- Be directed to the appropriate Dean for the instructional area in which the grade was given. If the Dean issued the grade, the appeal shall be directed to the Vice President of Instruction and Student Support.
- The college official receiving the appeal shall note the date of receipt on the face of the appeal.
- If the letter of appeal is hand- delivered, a copy of the letter, signed and dated by a college official, shall be proof of delivery.
- The Dean or Vice President to whom the appeal is directed will also be responsible for notifying, in writing, the instructor and all line supervisors concerning the appeal.
The Dean or the Vice President to whom the appeal is directed shall investigate the facts and determine whether the action should be upheld or reversed.
Dismissal Pending Appeal
If a student appeals an academic action leading to dismissal from a course, activity, or program, the student is not to be dismissed from the course, activity, or program, if applicable, until the appeal process is complete unless:
- In the case of a clinical affiliate or other off-campus contractor providing cooperative experiences, immediate removal is required by the contractor or cooperative agency;
- The student’s continued participation in the activity would pose a threat to the student, the College, or others; or
- College Policy would be violated.
Erroneous Academic Action
If, at any point in the appeals process, based on the evidence, it is determined that an erroneous academic action has been taken, the Dean or the Vice President to whom the appeal is directed, the instructor, and the student shall meet within five (5) business days from the date of such determination to agree on corrective action. If circumstances make it impractical for the parties to meet within five (5) business days, then the Dean or the Vice President may extend this meeting date to a date agreeable to both parties, but in no event shall the extension be more than thirty (30) calendar days.
Notification of Decision
The Dean or the Vice President to whom the appeal is directed shall:
- Notify the student of a decision in writing, either by hand-delivery, certified mail, return receipt requested, restricted delivery, or email to the student’s college account within ten (10) business days from the date of receipt of the notice of appeal; and
- Send copies of the decision to the instructor and all line supervisors of the instructor. A copy of the decision must also be sent to the parents if the appellant is under the age of 18 and is not an emancipated minor subject to FERPA.
Appeal from Decision of a Dean to a Vice President
If a student’s appeal is denied by a Dean, the student may appeal this decision to the appropriate Vice President, be it the Vice President of Instruction and Student Support or the Vice President of Corporate and Community Education.
The appeal shall be made in writing within five business days of the date of the receipt of the denial.
The letter of appeal shall:
- Clearly state the student’s grounds for appeal and any supporting information; an
- Be sent certified mail, return receipt requested, restricted delivery, emailed to the student’s college account, or hand- delivery.
The decision of the Vice President will be made within 10 (ten) business days of the receipt of the letter of appeal.
Notification of Decision of Vice President
The student shall be notified in writing of the decision through certified mail, return receipt requested, restricted delivery, email to the student’s college account, or hand-delivery.
A decision on an appeal of an academic action made by the Vice President is final.
If the final appeal is resolved against the student, the academic action shall be permanently recorded. In the event that a student is dismissed from the College, tuition credits will be made according to state guidelines.
Appeal of Disciplinary Action
Before beginning a non-academic related disciplinary action appeal process, the student should contact a Student Advocate for assistance with the preparation and presentation of the appeal and to answer questions regarding the appeal process.
Grounds for Appeal
A student may appeal a disciplinary action for the following reasons only:
- The action taken was arbitrary, capricious, and contrary to published college policy, or
- Insufficient evidence exists to sustain the disciplinary action.
Timing and Form of Appeal
The appeal of a formal written Disciplinary Action shall be made in writing to the Dean of Student Services.
The appeal must be submitted within ten (10) business days of the receipt of written notification of the disciplinary action.
The letter of appeal shall:
- Clearly state the student’s grounds for appealing and any supporting information; and
- Be sent certified mail, return receipt requested, restricted delivery, email from the student’s college account, or hand- delivery.
Duties of the Dean of Student Services
The Dean shall be responsible for notifying, in writing, the employee, and all line supervisors concerning the appeal.
The Dean shall then investigate the facts and determine whether the disciplinary action should be upheld or reversed.
The Dean shall notify the appealing student of the decision in writing, either hand-delivered, or by certified mail, return receipt requested, restricted delivery, or email to the student’s college account within ten (10) business days of receipt of the letter of appeal.
A copy of the decision shall be sent to the employee and all line supervisors. A copy shall also be sent to the student’s parents if the student is under the age of 18 and not an emancipated minor.
If the disciplinary action is upheld, the notice of decision will include the nature of the charges, general findings that substantiate the charges, proposed disciplinary action to be taken, and the further due process available to the student.
Erroneous Disciplinary Action
If, at any point in the appeals process, it is determined that an erroneous disciplinary action has been taken, the Dean of Student Services, the instructor or staff member and the student shall meet within five (5) business days to agree on a corrective action. If circumstances make it impractical for the parties to meet within five (5) business days, the Dean of Student Services may extend the meeting date to an agreeable time for both parties. In no event shall this meeting take place more than thirty (30) calendar days after the determination of erroneous disciplinary action.
Dismissal Pending Appeal
If a student appeals a disciplinary action which would lead to dismissal from a course, activity, or program, the student is not to be dismissed from the course, activity or program, if applicable, until the appeal process is complete unless
- In the case of a clinical affiliate or other off- campus contractor providing cooperative experiences, immediate removal is required by the contractor or cooperative agency;
- The student’s continued participation in the activity would pose a threat to the student, the College, or others; or
- College Policy would be violated.
Appeal to the Student Appeals Committee
A student may appeal the decision of the Dean of Student Services to the Student Appeals Committee. A notice of appeal and request for hearing before the Student Appeals Committee must be:
- In writing and addressed to the appropriate Vice President within ten (10) business days of the student’s receipt of the decision from the Dean of Student Services;
- Clearly set forth the grounds for the appeal and any supporting information; and
- Be sent to the appropriate Vice President by certified mail, return receipt requested, restricted delivery, emailed, or hand- delivered.
Duties of the Vice President
The Vice President or designee shall note on the face of the written request for a hearing the date on which it was received.
The Vice President shall be responsible for notifying, in writing, all parties who received copies of the original notice of action, that an appeal to the Student Appeals Committee has been filed.
Within five (5) business days of the receipt of such written notice of appeal and request for hearing, the Vice President shall schedule a hearing by the Student Appeals Committee to be held with all due speed, but in no event longer than thirty (30) calendar days from the date of receipt of the written notice of appeal and request for a hearing.
The Vice President shall serve written notice to the student, to the student’s parents, if applicable, to all members of the Student Appeals Committee and to the Dean as to the time and place of the hearing. Notice to the student about the hearing shall be by certified mail, return receipt requested, restricted delivery, or by acknowledged hand-delivery.
Membership of the Student Appeals Committee
The Student Appeals Committee shall consist of two (2) members of the staff and faculty (For all Health Sciences students, one faculty member will be from the Health Sciences Division) appointed by the Vice President and three (3) students appointed by the president of the Student Government Association or the Student Activities Coordinator for a total of five members. The Student Appeals Committee shall hear the appeal.
The Vice President shall appoint an individual from among the College employee appointees to the Student Appeals Committee to serve as chairperson who shall conduct the hearing.
If for any reason, the student component of the Student Appeals Committee shall not be fully constituted, the president of the Student Government Association or the Student Activities Coordinator shall randomly select students having no connection to the incident or parties to serve on the Committee.
Hearing Procedures
It shall be the responsibility of the Dean of Student Services to:
- Notify the members of the Student Appeals Committee of a pending appeal and supply them with such documentation as shall be necessary to hear the case;
- Schedule a meeting of the committee prior to the hearing if necessary; and
- Appoint a Student Advocate if one is not already working with the student.
A hearing before the committee shall be structured but informal, giving the student and the College a full opportunity to present the appeal. The order of the presentations shall be as follows:
- The student has the first opportunity to be heard.
- The College is heard from next.
- The student is then allowed to rebut the College’s case.
The student shall have the right to:
- Present witnesses and evidence on the student’s behalf; and
- Question adverse witnesses.
The student may bring one or more parents, one friend, or a lawyer to act in the capacity of an advisor. The College will provide a Student Advocate assigned to advise the student; however, students must be prepared to advocate for themselves as neither the advisor nor the advocate may speak or participate in the hearing. The advisor/advocate may only confer with the student.
The College shall have the right to:
- Present witnesses and evidence; and
- Question adverse witnesses.
It shall be the responsibility of the Dean of Student Services to present the College’s case to the Student Appeals Committee.
Notice of Decision of Student Appeals Committee
The decision of the Student Appeals Committee is determined by the majority vote and requires a two-thirds (2/3) majority.
- The Student Appeals Committee shall render its written decision to the Vice President.
- The Vice President shall notify the student appellant and all parties who received copies of the original notice of disciplinary action on the next business day following the hearing.
- This notice shall be sent to the student certified mail, returned receipt requested, restricted delivery, by email to the student’s college account, or hand-delivery with copies sent by regular or campus mail.
Compliance with the Decision of the Student Appeals Committee
If the decision is in favor of the student, the student shall be immediately reinstated, and appropriate corrective action taken. The Dean of Student Services, the Vice President, other relevant personnel, and the student shall meet within five (5) business days from the date of the receipt of the decision by the student to agree upon corrective action. If circumstances make it impractical for the parties to meet within five (5) business days, the Dean of Student Services may extend the meeting date to a date agreeable to all parties, but in no event shall such date extend beyond thirty (30) calendar days from the date of the decision of the Student Appeals Committee. Recommended corrective measures will be conveyed to the College President. A memorandum of these corrective measures shall be placed in the student’s record along with a copy of the Student Appeals Committee’s decision.
If the decision is rendered against the student, the Student Appeals Committee may uphold the disciplinary action or suggest an alternate action as appropriate to the misconduct. A copy of the notice of the decision of the Student Appeals Committee shall be placed in the student’s records.
Continuance of Hearing
In the event that unusual circumstances prevent an appeal to the Student Appeals Committee from being heard as scheduled, the proceeding may be continued for a maximum of thirty (30) calendar days.
- A request for a continuance should be directed to the Chairperson of the Student Appeals Committee and the adverse party.
- A request for a continuance must be
- In writing, stating compelling grounds for the continuance; and
- Sent certified mail return receipt requested, restricted delivery or hand-delivery no later than five (5) business days before the scheduled proceeding.
The party receiving the request for a continuance shall have three (3) business days from the date of receipt to respond.
The decision on continuance shall be- In writing addressed to the student appellant and the college respondent;
- Inclusive of the date, time, and location of the newly scheduled proceeding; and
- Copied to all College faculty and staff involved in the proceedings.
Appeals of Student Appeals Committee Decision to the College President
The student may appeal the decision of the Student Appeals Committee by requesting a hearing before the College President.
This request shall be:
- In writing and delivered by certified mail, return receipt requested, restricted delivery or hand- delivery to the President of the College; and
- Made within (10) calendar days of receipt of the Student Appeals Committee’s decision.
Within five (5) business days of the receipt of the request, the President shall schedule a meeting with the student. The President shall have the sole discretion to investigate the matter as deemed reasonable. The President may include in this meeting such college employees as deemed necessary. The decision of the President shall be final.
On the business day following the hearing, the President shall send notice of a decision to the student as follows:
- In writing;
- Via certified mail, return receipt requested, restricted delivery, or hand-delivered; and
- With copies to all parties who received correspondence concerning the appeal at any step in the appeals process.
Compliance with the President’s Decision
If the President finds in favor of the student, the student shall be immediately reinstated, and appropriate corrective action undertaken. The Dean, the Vice President, other relevant personnel, and the student shall meet within five (5) business days from the date of the receipt of the notice by the President to agree upon corrective action. If circumstances make it impractical for the parties to meet within five (5) business days, then the President may extend this meeting date to a date agreeable to all parties, but in no event shall this meeting take place more than ten (10) business days from the date of student’s receipt of the notice of decision of the President.
Appeal of Policy Application
Grounds for Appeal
A student may appeal a policy application for the following reasons:
- College policy application was arbitrary, capricious, or contrary to written instructions;
- Appellant was not fully informed of the College’s policy;
- Action poses a threat to impending graduation, continued enrollment, or withdrawal of financial aid.
Timing and Form of Appeal
The appeal of a policy application shall be made in writing within ten (10) business days of the date that the student is notified of the action.
The letter of appeal shall:
- Clearly state the student’s grounds for appeal and any supporting information;
- Be sent certified mail, return receipt requested, restricted delivery, by email from the student's college account, or hand-delivery; and
- Be directed to the appropriate Dean for the policy area in which the action was taken.
- The college official receiving the appeal shall note the date of receipt on the face of the appeal.
- If the letter of appeal is hand- delivered, a copy of the letter, signed and dated by a college official, shall be proof of delivery.
- The Dean to whom the appeal is directed will also be responsible for notifying, in writing, all involved offices concerning the appeal
The Dean to whom the appeal is directed shall investigate the facts and determine whether the action should be upheld or reversed.
The Dean shall notify the appealing student of the decision in writing, either hand-delivered, or by certified mail, return receipt requested, restricted delivery or email to the student's college account within ten (10) business days of receipt of the letter of appeal.
A copy of the decision shall be sent to all offices involved concerning the appeal.