Appendices

Appendix 1

Alcohol and Other Drug Use

Policy

The South Carolina Technical College System prohibits the unlawful manufacture, distribution, dispensation, possession or use of narcotics, drugs, other controlled substances or alcohol at the workplace and in the educational setting. Unlawful for these purposes means in violation of federal/state/local regulations, policy, procedures, rules, as well as legal statutes. Workplace means either on agency premises or while conducting agency business away from the agency premises. Educational setting includes both institutional premises or in approved educational sites off campus.

The South Carolina Technical College System recognizes that chemical dependency through use of controlled or uncontrolled substances, including alcohol, is a treatable illness. The agency supports and recommends employee and student rehabilitation and assistance programs and encourages employees and students to use such programs.

It is the policy of Tri-County Technical College to provide a drug free, healthful, safe and secure work and educational environment. Employees and students are required and expected to report to their work, class, or student activities in appropriate mental and physical condition to meet the requirements and expectations of their respective roles.  Tri-County Technical College will implement alcohol and other drug awareness programs for employees and students.

Student Alcohol and Other Drugs Procedure

Tri-County Technical College is committed to an ongoing student alcohol and other drug prevention program composed of both education and rehabilitation components as outlined below:

• Education programs for students which ensure that students are aware of the health risks and effects of alcohol.
• All aspects of counseling and referral will remain confidential unless the recipient gives written permission to do otherwise. This is in accordance with the Family Education Rights and Privacy Act of 1974.
• Compliance with the Drug Free Schools and Campus Act 34 CFR Part 86.
• Compliance with the Omnibus Transportation Act 49 CFT Part 382.

The College will have an active, college-wide advisory committee on alcohol and other drug awareness issues. The goals of this committee will be to set forth guidelines for the student prevention program and to work with other individuals and agencies within the community to help make recommendations concerning specific implementation of the program. The committee will also gather feedback on the effectiveness of the program’s implementation.

Faculty and staff will make every effort to address any problem(s) a student may have as quickly, thoroughly, and discreetly as possible, so that disposition of any problem will be timely and in due process. To accomplish this objective, the following procedures will be observed:

1. In the case of possession, use, or distribution of alcohol or illegal drugs on campus, the student(s) will be referred to the Vice President for Student Affairs for disciplinary action in accordance with the Student Code for South Carolina Technical Colleges as outlined below.  The General Provisions portion of the Student Code sets forth the rights and responsibilities of the individual student.
   
   SECTION I—PRINCIPLES: “Technical College students are members of both the community at large and the academic community. As members of the academic community, students are subject to the obligations which accrue to them by virtue of this membership. As members of the larger community of which the college is a part, students are entitled to all rights and protection accorded them by the laws of that community.
   
   By the same token, students are also subject to all laws, the enforcement of which is the responsibility of duly constituted authorities. When students violate laws, they may incur penalties prescribed by legal authorities. In such instance, college discipline will be initiated only when the presence of the student on campus will disrupt the educational process of the college. However, when a student’s violation of the law also adversely affects the college’s pursuit of its recognized educational objectives, the college may enforce its own regulations. When students violate college regulations, they are subject to disciplinary action by the college whether or not their conduct violates the law. If a student’s behavior simultaneously violates both college regulations and the law, the college may take disciplinary action independent of that taken by legal authorities.”
   
   SECTION II—INTERNAL SOLUTIONS TO PROBLEMS: “The college will seek to solve problems in internal procedures of due process. When necessary, off-campus law enforcement and judicial authorities may be involved.” The Student Code describes “unlawful acts.”
   
   SECTION III, F-6: “Possession, use, or distribution on campus of any narcotics, dangerous, or unlawful drugs as defined by the laws of the United States or the State of South Carolina.”
   
   SECTION III, F-7: “Possession, use or distribution on campus of any beverage containing alcohol.”
   
   SECTION III, F-8: “Violation of institutional policies while on campus or off campus when participating in a college sponsored activity.”
   
   SECTION III, F-9: “Violation of South Carolina and/or federal laws while on campus or off campus when participating in a college sponsored activity.”
   
   SECTION III, F-10: “Engaging in any activity which disrupts the educational process of the college, or adversely interferes with other normal functions and services.”
   
   In all cases where there is reasonable evidence that a student has been involved in such activities, the student(s) will be required to meet with the campus alcohol and other drug services liaison who will make recommendations deemed appropriate.
   
   Every student involved in an alcohol and other drug abuse incident on campus shall be referred to the alcohol and other drug services liaison. Failure to comply with the procedure and referral will be handled as a discipline violation through the Vice President for Student Affairs’ Office.
    
2. If a student’s behavior or performance is questionably impaired by the use of alcohol or other drugs (suspected of being under the influence), faculty and staff may consult the alcohol and other drug services liaison for referral or contact the Vice President for Student Affairs so that an inquiry can be made into the situation.
3. If a student becomes disruptive, campus security will be called immediately.
4. No student will be discriminated against for admissions purposes because of any prior conviction on any alcohol and other drug-related charge. However, any student identified as having been convicted will receive career counseling concerning the effects of that conviction on his/her career (i.e. licensing, certification, etc.).

Alcohol and Drug Laws

ALCOHOL PURCHASE ON BEHALF OF ONE WHO CANNOT LAWFULLY BUY: It is against the law to buy or give beer, wine, and/or alcohol to anyone who cannot buy it for themselves.

PENALTY: Fine up to $200 or confinement up to 30 days.

PURCHASE/POSSESSION BY A MINOR/ MISREPRESENTING AGE: It is against the law to drink or possess any form of alcoholic beverage if you are under the age of 21. It is also against the law to lie or furnish false information concerning age in order to obtain any form of alcoholic beverage.

PENALTY: Fine up to $200 for first offense.

TRANSFERENCE OF BEER OR WINE: It is against the law to serve beer or wine to anyone under the age of 21. This includes serving anyone in your home except your child or spouse.

PENALTY: Fine up to $200 or confinement up to 30 days.

DISORDERLY CONDUCT: Anyone found on any public highway or in any public place who is intoxicated or disorderly may be charged with disorderly conduct.

PENALTY: Fine up to $100 or confinement up to 30 days.

POSSESSION OF BEER, WINE, OR LIQUOR: It is against the law to possess beer, wine, or liquor if you are under the age of 21. This includes opened or unopened containers of alcoholic beverages in actual possession or in your immediate surroundings.

PENALTY: Fine up to $100 or confinement up to 30 days.

OPEN CONTAINER: It is against the law for anyone to have an open container of beer or wine in a moving vehicle.

PENALTY: Fine up to $100 or confinement up to 30 days.

SALE TO PERSON UNDER AGE: It is against the law to sell beer, ale, or wine to anyone under 21 years old.

PENALTY: Fine up to $200 or confinement up to 60 days.

Drugs

POSSESSION AND DISTRIBUTION OF DRUGS: It is illegal to have, to make, or to intend to distribute any controlled substance.

PENALTY: Varies depending upon the circumstances under which the arrest was made and the amount of drugs. Fines up to $200,000 and confinement up to 30 years.

POSSESSION OR SALE OF DRUG PARAPHERNALIA: It is illegal to possess drug paraphernalia; paraphernalia includes, but is not limited to such things as: roach clips, bong, carburetor.

PENALTY: Fine up to $500.

DISTRIBUTION OF CONTROLLED SUBSTANCE CLOSE TO A SCHOOL: It is against the law to distribute, sell, make or have a controlled substance within a “specified” distance of a school.

PENALTY: Fine up to $10,000 and/or confinement up to 15 years.

S.C. Alcohol & Drug Laws

FELONY DRIVING UNDER THE INFLUENCE (DUI): If you cause bodily harm or death to someone while under the influence of alcohol, drugs or any combination, you are guilty of a felony DUI.

PENALTY: For bodily harm, a mandatory fine up to $10,000 and mandatory confinement up to 10 years. For death, mandatory fine up to $25,000 and mandatory confinement up to 25 years.

DUI/CONSENT FOR TESTING: Anyone who drives on South Carolina highways automatically has given consent to a breathalyzer test if arrested. If you refuse to submit to a urine and/or blood test, your driver’s license will be suspended. There is no law that states you have to be given a driver’s license, provisional or temporary.

ALTERING AND FRAUDULENT USE OF LICENSE: It is against the law to lend, issue, sell or use your license or anyone’s license or a fictitious license (fake ID) for an unlawful purpose.

PENALTY: Fine up to $100 and/or confinement up to 30 days.

CONTRIBUTING TO THE DELINQUENCY OF A MINOR: It is against the law for any person over 18 to knowingly and willingly influence a minor to violate any law or municipal ordinance.

PENALTY: Fine up to $3,000 and/or confinement up to 3 years.

Controlled Substances Uses and Effects

The health risks of alcohol and drug use vary greatly from person to person, depending upon the substance used and the health of the user.

Alcohol: High-risk consumption may lead to cirrhosis of the liver, nervous and mental disorders, brain damage, gastrointestinal disorders, heart disease increased chance of cancer and alcoholism. The following impairment problems are also associated with high-risk consumption: drunk driving, unwanted sexual encounters, relationship problems, violence and poor academic performance.

Note: All the controlled substances listed above and on the previous page have a high psychological dependence.

Alcohol and Other Drugs (AOD) Advisory Committee 2006-2008, Resources used: highereducationcenter.org and dea.gov

Student Life and Counseling Services

Student Life and Counseling Services is your link to alcohol and other drug prevention related services available on campus and in the community.

Services provided by Student Life and Counseling Services may include educational presentations, referral to other agencies, awareness events, and information dissemination. For more information, contact Student Life and Counseling Services at 864-646-1569.

Appendix 2

Statewide Agreement on Transfer and Articulation

Preface

On May 2, 1996, the Commission on Higher Education approved unanimously the statewide agreement on transfer and articulation. That policy follows this preface in the form of the Regulations and Procedures for Transfer. Minor changes have occurred in the document since its approval. These changes (e.g., the enhancement of the list of universally transferable courses at public institutions from 72 in 1996 to 74 in 1997 and 86 in 2002) are reflected in the document as it appears here.

The policy that was approved on May 2, 1996, also incorporated decisions made by the Commission in 1995 as part of the Commission’s implementation of the South Carolina School-to-Work Act. Although the text of the 1996 policy that follows makes reference to documents related to these decisions, these earlier documents have not been printed here since in some cases they are redundant and in other cases they were superseded by events or by the 1996 policy of the Commission. Copies of the documents approved in 1995 that were incorporated into the 1996 policy are, however, still available by contacting the Commission by mail, telephone, or fax at the addresses listed on the Home Page. Regulations and Procedures for Transfer in Public Two-Year and Public Four-Year Institutions in South Carolina As Mandated By ACT 137 of 1995.

Background

Section 10-C of the South Carolina School-to-Work Transition Act (1994) stipulates that the Council of College and University Presidents and the State Board for Technical and comprehensive Education, operating through the Commission on Higher Education, will develop better articulation of associate and baccalaureate degree programs. To comply with this requirement, the Commission upon the advice of the Council of Presidents established a Transfer Articulation Policy Committee composed of four-year institutions’ vice presidents for academic affairs and the Associate Director for Instruction of the State Board for Technical and Comprehensive Education. The principal outcomes derived from the work of that committee and accepted by the Commission on Higher Education on July 6, 1995, were:

• An expanded list of 86 courses which will transfer to four-year public institutions of South Carolina from the two-year public institutions;
• A statewide policy document on good practices in transfer to be followed by all public institutions of higher education in the State of South Carolina, which was accepted in principle by the Advisory Committee on Academic Programs and the Commission; and
• Six task forces on statewide transfer agreements, each based in a discipline or broad area of the baccalaureate curriculum.

In 1995, the General Assembly passed Act 137 which stipulated further that the South Carolina Commission on Higher Education “notwithstanding any other provision of law to the contrary, will have the following additional duties and functions with regard to the various public institutions of higher education.” These duties and responsibilities include the Commission’s responsibility “to establish procedures for the transferability of courses at the undergraduate level between two-year and four-year institutions or schools.” This same provision is repeated in the legislation developed from the Report of the Joint Legislative Study Committee, which was formed by the General Assembly and signed by the Governor as Act 359 of 1996.

Act 137 directs the Commission to adopt procedures for the transfer of courses from all two-year public to all four-year public institutions of higher education in South Carolina. Proposed procedures are listed below. Unless otherwise stated, these procedures became effective immediately upon approval by the Commission and were to be fully implemented, unless otherwise stated, by September 1, 1997.

Statewide Articulation of 86 Courses

The Statewide Articulation Agreement of 86 courses approved by the South Carolina Commission on Higher Education for transfer from 2- to 4-year public institutions will be applicable to all public institutions, including two-year institutions and institutions within the same system. In instances where an institution does not have synonymous courses to ones on this list, it will identify comparable courses or course categories for acceptance of general education courses on the statewide list.

Admissions Criteria, Course Grades, GPAs, Validations

All four-year public institutions will issue annually in August a transfer guide covering at least the following items:

• The definition of a transfer student and requirements for admission both to the institution and, if more selective, requirements for admission to particular programs.
• Limitations placed by the institution or its programs for acceptance of standardized examinations (e.g., SAT, ACT) taken more than a given time ago, for academic coursework taken elsewhere, for coursework repeated due to failure, for coursework taken at another institution while the student is academically suspended at his/her home institution, and so forth.
• Institutional and, if more selective, programmatic maximums of course credits allowable in transfer.
• Institutional procedures used to calculate student applicants’ GPAs for transfer admission. Such procedures will describe how nonstandard grades (withdrawal, failing, repeated course, etc.) are evaluated; and they will also describe whether all coursework taken prior to transfer or just coursework deemed appropriate to the student’s intended four-year program of study is calculated for purposes of admission to the institution and/or programmatic major.
• Lists of all courses accepted from each technical college (including the 86 courses in the Statewide Articulation Agreement) and the course equivalencies (including “free elective” category) found at the home institution for the courses accepted.
• Lists of all articulation agreements with any public South Carolina two-year or other institution of higher education, together with information about how interested parties can access these agreements.
• Lists of the institution’s Transfer Officer(s) personnel together with telephone and fax numbers, office address, and e-mail address.
• Institutional policies related to “academic bankruptcy” (i.e., removing an entire transcript or parts thereof from a failed or underachieving record after a period of years has passed) so that re-entry into the four-year institution with course credit earned in the interim elsewhere is done without regard to the student’s earlier record.
• “Residency requirements” for the minimum number of hours required to be earned at the institution for the degree.

Coursework (individual courses, transfer blocks, statewide agreements) covered within these procedures will be transferable if the student has completed the coursework with a “C” grade (2.0 on a 4.0 scale) or above, but transfer of grades does not relieve the student of the obligation to meet any GPA requirements or other admissions requirements of the institution or program to which application has been made.

• Any four-year institution which has institutional or programmatic admissions requirements for transfer students with institutional grade point averages (GPAs) higher than 2.0 on a 4.0 scale will apply such entrance requirements equally to transfer students from regionally accredited South Carolina public institutions regardless of whether students are transferring from a four-year or two-year institution.
• Any multi-campus institution or system will certify by letter to the Commission that all coursework at all of its campuses applicable to a particular degree program of study is fully acceptable in transfer to meet degree requirements in the same degree program at any other of its campuses.

Any coursework (individual courses, transfer blocks, statewide agreements) covered within these procedures will be transferable to any public institution without any additional fee and without any further encumbrance such as a “validation examination,” “placement examination/instrument,” “verification instrument,” or any other stricture, notwithstanding any institutional or system policy, procedure, or regulation to the contrary.

Transfer Blocks, Statewide Agreement, Completion of the AA/AS Degree

The following Transfer Blocks/Statewide Agreements taken at any two-year public institution in South Carolina will be accepted in their totality toward meeting baccalaureate degree requirements at all four-year public institutions in relevant four-year degree programs, as follows:

1.  Arts, Humanities, and Social Sciences: Established curriculum block of 46–48 semester hours
2.  Business Administration: Established curriculum block of 46–51 semester hours
3.  Engineering: Established curriculum block of 33 semester hours
4. Science and Mathematics: Established curriculum block of 51–53 semester hours
5. Teacher Education: Established curriculum block of 38–39 semester hours for Early Childhood, Elementary, and Special Education students only. Secondary education majors and students seeking certification who are not majoring in teacher education should consult the Arts, Humanities, and Social Sciences or the Math and Science transfer blocks, as relevant, to assure transferability of coursework.
6. Nursing:  By statewide agreement, at least 60 semester hours will be accepted by any public four-year institution toward the baccalaureate completion program (BSN) from graduates of any South Carolina public associate degree program in nursing (ADN), provided that the program is accredited by the National League for Nursing Accrediting Commission and that the graduate has successfully passed the National Licensure Examination (NCLEX) and is a currently licensed Registered Nurse. (For complete texts and information about these statewide transfer blocks/agreements, see Appendix B.)

Any “unique” academic program not specifically or by extension covered by one of the statewide transfer blocks/agreements listed in #4 above must either create its own transfer block of 35 or more credit hours with the approval of CHE staff or will adopt either the Arts/Social Science/Humanities or the Science/Mathematics block. The institution at which such program is located will inform the staff of the CHE and every institutional president and provost about this decision.

Any student who has completed either an Associate of Arts or Associate of Science degree program at any public two-year South Carolina institution which contains within it the total coursework found in either the Arts/Social Sciences/ Humanities Transfer Block or the Math/Science Transfer Block will automatically be entitled to junior-level status or its equivalent at whatever public senior institution to which the student might have been admitted. (Note: As agreed by the Committee on Academic Affairs, junior status applies only to campus activities such as priority order for registration for courses, residence hall assignments, parking, athletic event tickets, etc. and not in calculating academic degree credits.)

Related Reports and Statewide Documents

All applicable recommendations found in the Commission’s report to the General Assembly on the School-to-Work Act (approved by the Commission and transmitted to the General Assembly on July 6, 1995) are hereby incorporated into the procedures for transfer of coursework among two- and four-year institutions.

The policy paper entitled State Policy on Transfer and Articulation, as amended to reflect changes in the numbers of transfer blocks and other Commission action since July 6, 1995, is hereby adopted as the statewide policy for institutional good practice in the sending and receiving of all course credits to be transferred. (Contact the Division of Academic Affairs for copies of this report.)

Assurance of Quality

All claims from any public two- or four-year institution challenging the effective preparation of any other public institution’s coursework for transfer purposes will be evaluated and appropriate measures will be taken to reassure that the quality of the coursework has been reviewed and approved on a timely basis by sending and receiving institutions alike. This process of formal review will occur every four years through the staff of the Commission on Higher Education, beginning with the approval of these procedures.

Statewide Publication and Distribution of Information on Transfer

The staff of the Commission on Higher Education will print and distribute copies of these Procedures upon their acceptance by the Commission. The staff will also place this document and the Appendices on the Commission’s Home Page on the Internet under the title “Transfer Policies.”

By September 1 of each year, all public four-year institutions will place the following materials on their internet websites:

• A copy of this entire document.
• A copy of the institution’s transfer guide.

By September 1 of each year, the State Board for Technical and Comprehensive Education will place the following materials on its internet website:

• A copy of this entire document.
• Provide to the Commission staff in format suitable for placing on the Commission’s website a list of all articulation agreements that each of the sixteen technical colleges has with public and other four-year institutions of higher education, together with information about how interested parties can access those agreements.

Each two-year and four-year public institutional catalog will contain a section entitled “Transfer: State Policies and Procedures.” Such section at a minimum will:

• Publish these procedures in their entirety (except Appendices)
• Designate a chief Transfer Officer at the institution who will:

provide information and other appropriate support for students considering transfer and recent transfers

serve as a clearinghouse for information on issues of transfer in the State of South Carolina

provide definitive institutional rulings on transfer questions for the institution’s students under these procedures

work closely with feeder institutions to assure ease in transfer for their students

• Designate other programmatic Transfer Officer(s) as the size of the institution and the variety of its programs might warrant
• Refer interested parties to the institutional Transfer Guide
• Refer interested parties to institutional and Commission on Higher Education’s websites for further information regarding transfer.

In recognition of its widespread acceptance and use throughout the United States, SPEEDE/EXPRESS should be adopted by all public institutions and systems as the standard for electronic transmission of all student transfer data.

In conjunction with the colleges and universities, develop and implement a statewide Transfer Equivalency Database at the earliest opportunity.

(As an electronic counseling guide, this computerized, on-line instrument will allow students and advisors to access all degree requirements for every major at every public four-year institution in South Carolina. Also, the Database will allow students to obtain a better understanding of institutional programs and program requirements and select their transfer courses accordingly, especially when the student knows the institution and the major to which he/she is transferring.)

Development of Common Course System

Adopt a common statewide course numbering system for common freshman and sophomore courses of the technical colleges, two-year regional campuses of the University of South Carolina, and the senior institutions.

Adopt common course titles and descriptions for common freshman and sophomore courses of the technical colleges, two-year regional campuses of the University of South Carolina, and the senior institutions. The Commission will convene statewide disciplinary groups to engage in formal dialogue for these purposes.

(A common course numbering system and common course titles and descriptions for lower-division coursework at all public institutions in the state can help reduce confusion among students about the equivalency of their two-year coursework with lower-division coursework at the four-year level. To this end, a common system leaves no doubt about the comparability of content, credit, and purpose among the lower-division courses at all public colleges and universities in South Carolina. It would also help eliminate institutional disagreement over the transferability of much lower-division coursework, thus clearing a path for easier movement between the technical colleges and senior institutions.)

Appendix 3

The Student Code for the South Carolina Technical College System

General Provisions 

Purpose

The Student Code for South Carolina Technical Colleges sets forth the rights and responsibilities of the individual student, identifies behaviors that are not consistent with the values of college communities, and describes the procedures that will be followed to adjudicate cases of alleged misconduct except cases of alleged acts of sexual violence and sexual harassment. Cases of alleged acts of sexual violence and sexual harassment will be adjudicated through SBTCE procedure 3-2-106-2. This Code applies to behavior on college property, at college sponsored activities and events, and to off-campus behavior that adversely affects the college and/or the college community.

The Code applies to all students from the time of applying for admission through the awarding of a degree, diploma, or certificate.

Principles

Technical/community college students are members of both the community at large and the academic community. As members of the academic community, students are subject to the obligations that accrue to them by virtue of this membership.

As members of the larger community of which the college is a part, students are entitled to all rights and protection accorded them by the laws of that community, the enforcement of which is the responsibility of duly constituted authorities. If a student’s alleged behavior simultaneously violates college regulations and the law, the college may take disciplinary action independent of that taken by legal authorities.

When it has been determined that a student violated a federal, state, or local law, college disciplinary action may be initiated only when the presence of the student on campus will disrupt the educational process of the college.

When a student’s alleged violation of the law, whether occurring on campus or off campus, may adversely affect the college’s pursuit of its educational objectives or activities, the college may enforce its own regulations through this Student Code.

Solutions of Problems

The college will first seek to solve problems by internal procedures of due process. When necessary, off-campus law enforcement and judicial authorities may be involved.

In situations where South Carolina Technical/Community Colleges have shared programs, the Chief Student Services Officer where the alleged violation of the Student Code for the South Carolina Technical College System occurred will handle the charges. A change of venue to the other college may be granted, based on the nature of the offense, provided it is agreed to by the Chief Student Services Officers of both colleges. Any sanctions imposed will apply across both colleges.

In situations where a student is dually enrolled in two or more South Carolina Technical/Community Colleges and is charged with a violation of the Student Code for the South Carolina Technical College System, the Chief Student Services Officer of the college where the alleged infraction occurred will handle the charges and the sanctions may apply at each college in which the student is enrolled.

Definitions

When used in this document, unless the content requires other meaning,

•  ”College” means any college in the South Carolina Technical College System.
•  ”President” means the chief executive officer of the college.
• “Administrative Officer” means anyone designated at the college as being on the administrative staff such as President, Vice President, Dean of Students or Student Services, Chief Academic Officer, Dean of Instruction, or Business Manager.
• “Chief Student Services Officer” means the Administrative Officer at the College who has overall management responsibility for student services, or his/her designee. At Tri-County Technical College the Chief Student Services Officer is the Dean of Student Development.
• “Chief Academic Officer” means the Administrative Officer at the College who has overall management responsibility for academic programs and services, or his/her designee. At Tri-County Technical College the Chief Academic Officer is the Provost.
•  ”Student” means a person taking any course(s) offered by the college.
•  ”Instructor” means any person employed by the college to conduct classes.
•  ”Staff” means any person employed by the college for reasons other than conducting classes.
•  ”SGA” means Student Government Association of the college or other group of students convened for the purpose of representing student interests to the college’s administration or in the college’s governance system.
•  ”Campus” means any place where the college conducts or sponsors educational, public service, or research activities.
•  ”Violation of Law” means a violation of a law of the United States or any law or ordinance of a state or political subdivision which has jurisdiction over the place in which the violation occurs.
•  ”Instructional Weekday” means any day except Saturday, Sunday, or any other day in which the college is closed.

STUDENT CODE

Student Rights

•  Freedom from Discrimination—there shall be no discrimination in any respect by the college against a student, or applicant for admission as a student, based on race, color, age, religion, national origin, sex or disability.
•  Freedom of Speech and Assembly– Students shall have the right to freedom of speech and assembly without prior restraints or censorship subject to clearly stated, reasonable, and nondiscriminatory rules and regulations regarding time, place, and manner developed and approved by the college. In the classroom and in other instructional settings, discussion and expression of all views relevant to the subject matter are recognized as necessary to the educational process, but students have no right to interfere with the freedom of instructors to teach or the rights of other students to learn.
•  Freedom of the Press—in official student publications, they are entitled to the constitutional right of freedom of the press, including constitutional limitations on prior restraint and censorship. To ensure this protection, the college shall have an editorial board with membership representing SGA, faculty, and administration. Each college has the responsibility of defining the selection process for its editorial board. The primary responsibility of the board shall be to establish and safeguard editorial policies.
•  Freedom from Unreasonable Searches and Seizures—Students are entitled to the constitutional right to be secure in their persons, dwellings, papers, and effects against unreasonable searches and seizures. College security officers or administrative officers may conduct searches and seizures only as authorized by law.
• Right to Participate in College Governance– Students should have the opportunity to participate on college committees that formulate policies directly affecting students, such as in the areas of student activities and student conduct. This participation may be coordinated through a Student Government Association whose constitution or bylaws have been approved by the college’s area commission.
• Right to Know Academic and Grading Standards– Instructors will develop, distribute, explain, and follow the standards that will be used in evaluating student assignments and determining student grades. Grades are awarded for student academic performance. No grade will be reduced as a disciplinary action for student action or behavior unrelated to academic conduct.
• Right to Privacy– Information about individual student views, beliefs, and political associations acquired by instructors, counselors, or administrators in the course of their work is confidential. It can be disclosed to others only with prior written consent of the student involved or under legal compulsion.
•  Right to Confidentiality of Student Records– All official student records are private and confidential and shall be preserved by the college. Separate record files may be maintained for the following categories: (1) academic, (2) medical, psychiatric, and counseling, (3) placement, (4) financial aid, (5) disciplinary, (6) financial, and (7) veterans affairs. In addition, disciplinary records are maintained by the Chief Student Services Officer.
• Student education records will be maintained and administered in accordance with the Family Educational Rights and Privacy Act of 1974, the guidelines for the implementation of this act, and other applicable federal and state statutes and regulations.
• Right to Due Process– At minimum, any student charged with misconduct under this code is guaranteed the following: 1) the right to receive adequate notice of the charge(s); 2) the right to see and/or hear information and evidence relating to the charge(s), and 3) the right to present information and evidence relating to the charge(s). Additional due process requirements will be identified in other sections of this Code. 

Student Responsibilities:

• Students are expected to conduct themselves in a manner that is civil, that is respectful of the rights of others, and that is compatible with the college’s educational mission.
• Students are expected to comply with all of the college’s duly established rules and regulations regarding student behavior while on campus, while participating in off-campus college sponsored activities, and while participating in off-campus clinical, field, internship, or in-service experiences.
• Students are expected to comply with all course requirements as specified by instructors in course syllabi and to meet the standards of acceptable classroom behavior set by instructors. Instructors will announce these standards during the first week of classes. If a student’s behavior disrupts class or jeopardizes the health, safety, or well-being of the student or others, the instructor will speak with the student regarding the disruption. If the unacceptable conduct or disruption continues, the instructor may dismiss the student for the remainder of the class period.

Further disruption(s) by the student may result in a second dismissal and a written referral to the Chief Student Services Officer. This written referral may result in the initiation of disciplinary action against the student.

Student Conduct Regulations

The following list identifies violations for which students may be subject to disciplinary action. The list is not all inclusive, but it reflects the categories of inappropriate behavior and provides examples of prohibited behaviors.

Academic Misconduct

All forms of academic misconduct including, but not limited to, cheating on tests, plagiarism, collusion, and falsification of information may call for disciplinary action.

• Cheating on tests is defined to include the following:
  • Copying from another student’s test or answer sheet.
  • Using materials or equipment during a test not authorized by the person giving the test.
  • Collaborating with any other person during a test without permission.
  • Knowingly obtaining, using, buying, selling, transporting, or soliciting in whole or in part the contents of a test prior to its administration.
  • Bribing or coercing any other person to obtain tests or information about tests.
  • Substituting for another student, or permitting any other person to substitute for oneself.
  • Cooperating or aiding in any of the above.
• “Plagiarism” is defined as the appropriation of any other person’s work and the unacknowledged incorporation of that work in one’s own work.
• “Collusion” means knowingly assisting another person in an act of academic dishonesty.
•  ”Fabrication” is defined as falsifying or inventing information in such academic exercises as reports, laboratory results, and citations to the sources of information. 

Abuse of Privilege of Freedom of Speech or Assembly

No student, acting alone or with others, shall obstruct or disrupt any teaching, administrative, disciplinary, public service, research, or other activity authorized or conducted on the campus of the college or any other location where such activity is conducted or sponsored by the college. This disruption does not necessarily have to involve violence or force for the student to face disciplinary actions. In addition to administrative action, any person in violation of any federal, state, or local law will be turned over to the appropriate authorities.

Falsification of information, and other acts Intended to Deceive

Falsification of information and other acts intended to deceive include, but are not limited to the following:

• Forging, altering, or misusing college documents, records, or identification cards.
• Falsifying information on college records.
•  Providing false information for the purpose of obtaining a service.

Actions which Endanger Students and the College Community

Actions which endanger students and college community include, but are not limited to the following:

• Possessing or using on campus a firearm or other dangerous or potentially dangerous weapon unless such possession or use has been authorized by the college.
• Possessing or using any incendiary device or explosive unless such possession or use has been authorized by the college.
• Setting fires or misusing or damaging fire safety equipment.
• Using, or threatening to use, physical force to restrict the freedom of action or movement of others or to harm others.
• Endangering the health, safety, or wellbeing of others through the use of physical, written, or verbal abuse, threats, intimidation, harassment, and coercion.
• Sexual violence, which refers to physical sexual acts as perpetuated against person’s will or when a person is incapable of giving consent. Cases of alleged acts of sexual violence will be adjudicated through SBTCE procedure 3-2-106.2.
• Retaliating, or threatening to retaliate, against any person for filing a complaint, providing information relating to a complaint, or participating as a witness in any hearing or administrative process.

Infringement of rights of others is defined to include, but not limited to, the following:

• Stealing, destroying, damaging, or misusing college property or the property of others on campus or off campus during any college activity.
• Sexually harassing another person. In addition to sexual violence, sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, when submission to such conduct is made a term or condition of a student’s education, a basis for academic conditions affecting the student, or the conduct is sufficiently serious to interfere with the student’s academic performance or otherwise deny or limit the student’s ability to participate in any aspect of the college’s program, thereby creating an intimidating or hostile learning environment. Cases of alleged acts of sexual harassment will be adjudicated through SBTCE procedure 3-2-106.2.
• Stalking, which is defined as engaging in a course of conduct, through physical, electronic, or other means, that would place a reasonable person in fear for his/her safety, or that has, in fact, placed an individual in such fear. Where the stalking is based on sex, race, national origin, color, age, religion or disability, it may constitute harassment under other provisions of this Code.
• Harassing conduct, including verbal acts and name calling; and written statements, which may include the use of cell phones, the internet, or other electronic devices; and other conduct that may be physically harmful, threatening, or humiliating. Harassment based on race, national origin, color, age, sex, religion, or disability will be a violation of the Code when it is a basis for academic decisions affecting the student or the conduct is sufficiently serious to interfere with the student’s academic performance or otherwise deny or limit the student’s ability to participate in any aspect of the college’s program, thereby creating an intimidating or hostile learning environment.
• Engaging in any activity that disrupts the educational process of the college, interferes with the rights of others, or adversely interferes with other normal functions and services.

Other Acts which Call for Discipline

Other acts which call for discipline include, but are not limited to the following:

• Possessing, using, or distributing any narcotics or other unlawful drugs as defined by the laws of the United States or the State of South Carolina.
• Possessing, using, or distributing on campus any beverage containing alcohol.
•  Violating institutional policies while on campus or off campus when participating in a college sponsored event or activity.
• Violating any South Carolina and/or federal laws while on campus or off-campus when participating in a college sponsored event or activity.

Student Disciplinary Procedures

The procedures and sanctions that follow are designed to channel faculty, staff, or student complaints against students, except for those complaints alleging acts of sexual violence or sexual harassment which are processed under SBTCE procedure 3-2-106.2. Because due process is essential in dealing with infractions of college regulations, any disciplinary actions taken and sanctions imposed on a student or student organization will follow the provisions of this Code.

 Interim Suspension

In certain situations, the President, or President’s designee, may temporarily suspend a student before the initiation of disciplinary procedures. Interim suspension may only be imposed when there is reason to believe that the continued presence of the accused student at the college poses a substantial and immediate threat to the student or to others or poses a serious threat of disruption of, interference with, the normal operations of the college.

The interim suspension process follows:

• The President, or the President’s designee, shall notify the Chief Student Services Officer in writing about the nature of the alleged infraction, a brief description of the incident(s) and the student’s name before 5:00 pm of the first class day following the decision to impose the interim suspension.
• The Chief Student Services Officer, or designee, will inform the student, in writing, about the decision to impose an interim suspension. This notice must be either hand delivered to the student, sent by e-mail, or sent by certified mail to the student’s last known address within two instructional weekdays of receiving the information from the President, or designee. If sent by e-mail, a letter sent by certified mail to the student’s last known address must still be mailed within two instructional weekdays of receiving the information from the President, or designee.  This letter must include the following information:
  • the reason(s) for the interim suspension;
  • notice that the interim suspension does not replace the regular hearing process;
  •  information about requesting a hearing before the Hearing Committee; and
  •  Notice that the student is denied access to the campus during the period of suspension without prior approval of the Chief Student Services Officer.

Academic Misconduct

An instructor who has reason to believe that a student enrolled in his/her class has committed an act of academic misconduct must meet with the student to discuss this matter. The instructor must advise the student of the alleged act of academic misconduct and the information upon which it is based. The student must be given an opportunity to refute the allegation. If the student chooses not to participate in the discussion, the instructor will make a decision based upon the available information.

If the instructor, after meeting with the student, determines that the student has engaged in academic misconduct as alleged, the instructor will inform the student about the decision and the academic sanction that will be imposed. The instructor may impose one of the following academic sanctions:

• Assign a lower grade or score to the paper, project, assignment or examination involved in the act of misconduct.
•  Require the student to repeat or resubmit the paper, project, assignment, or examination involved in the act of misconduct.
• Assign a failing grade for the course.
• Require the student to withdraw from the course.

 If the student is found responsible for the academic misconduct, within five instructional weekdays of the meeting, the instructor will submit a written report about the incident and the sanction imposed to the Chief Academic Officer.

The Chief Academic Officer, or designee, will send a letter to the student summarizing the incident, the finding, the terms of the imposed sanction, and informing the student that he/she may appeal the decision and/or the sanction by submitting a written request to the Chief Academic Officer within seven instructional weekdays of the date of the Chief Academic Officer’s letter.

If the student requests an appeal, the Chief Academic Officer, or designee, will schedule a time for the meeting. The Chief Academic Officer, or designee, will send a certified letter to the student. In addition to informing the student that the Chief Academic Office, or designee, will hear the appeal, this letter must also contain the following information:

•  A restatement of the charges
• The time, place, and location of the meeting
•  A list of witnesses that may be called
•  A list of the student’s procedural rights. These rights follow:
  •  The right to consult with counsel. The role of the person acting as counsel is solely to advise the student. Counsel may not participate in any of the questioning or make any statements on behalf of the student. The student will be responsible for paying any fees charged by his/her counsel.
  •  The right to present witnesses on one’s behalf.
  •  The right to present evidence and notice that the Chief Academic Officer, or designee, may determine what evidence is admissible.
  •  The right to know the identity of the person(s) bringing the charge(s)
  • The right to hear witnesses on behalf of the person(s) bringing the charge(s).
  • The right to testify or to refuse to testify without such refusal being detrimental to the student.
  •  The right to appeal the decision to the President.
  • A statement informing the student that the sanction imposed by the instructor will be held in abeyance pending the outcome of the appeal.
  • On the basis of the information presented at the appeal, the Chief Instructional Officer, or designee, will render one of the following decisions:
    •  Accept the decision and the sanction imposed by the instructor
    • Accept the instructor’s decision but impose a less severe sanction
    • Overturn the instructor’s decision

Within two instructional weekdays of the meeting with the student, the Chief Academic Officer, or designee, will send the student a letter informing the student of the decision. The letter must also inform the student that the decision may be appealed to the College’s President and that any appeal request must be written and must detail the reason(s) for the appeal. The student seeking the appeal must provide reasons for the appeal which sets forth a statement that specifies the issues that further review is sought and any evidence which supports the issue(s) on appeal. The written appeal must be sent to the President within five instructional weekdays of the receipt of the Chief Academic Officer’s decision.

After receiving the student’s request, the President will review all written materials, non-written materials, and evidence relating to this incident and render one of the following decisions:

• Accept the decision and the sanction imposed
• Accept the decision, but impose a less severe sanction
• Overturn the decision
• Remand the case to the Student Hearing Committee to be re-heard.

The President’s decision is final and cannot be appealed further.

STUDENT MISCONDUCT

Any member of the college community may file charges alleging a violation of the Code. A charge, that includes a description of the alleged violation, must be submitted in writing to the Chief Student Services Officer as soon as possible after the incident occurs, but no later than 10 instructional weekdays after the incident, unless the person filing the charge demonstrates that exceptional circumstances prevented filing the charge within this time period. The Chief Student Services Officer, or designee, will determine whether the circumstances prevented filing the charge within this time period. The Chief Student Services Officer, or designee, will determine whether the circumstances merit an extension of the deadline.

Preliminary Hearing

Within five (5) instructional weekdays after the charge has been filed, the Chief Student Services Officer, or designee, shall complete a preliminary investigation of the charge and schedule a meeting with the student. After discussing the alleged infraction with the student and reviewing available information, the Chief Student Services Officer, or designee will decide whether the information presented during the meeting indicates that the violation occurred as alleged. When the student cannot be reached to schedule an appointment, or when the student fails to attend the meeting, the Chief Student Services Officer, or designee, will base the decision upon available information.

If the available information indicates that the violation occurred as alleged, then one of the following sanctions will be imposed:

• Reprimand– A written warning documenting that the student violated a student conduct regulation and indicating that subsequent violations could result in more serious disciplinary sanctions.
• Restitution–Compensation for loss or damage to college property or the property of others while on campus or at a college event or activity including but not limited to field trips, internships, and clinicals.
• Special Conditions–Completion of a variety of educational activities, relating to the nature of the offense may be imposed. Examples include, but are not limited to, the following: a formal apology, an essay or paper on a designated topic, or participation in a special project or activity.
• Disciplinary Probation–A written reprimand documenting that the student violated a student conduct regulation. Probation is for a specified period of time and it serves as a warning that subsequent violations could most likely result in more serious disciplinary sanctions.
• Loss of Privileges–Suspension or termination of particular student privileges.
• Suspension from College–Separation from the college for a specified period of time. Suspended students will not receive academic credit for the semester in which the suspension was imposed. During the suspension period, the student may not return to the campus unless prior permission by the Chief Student Services Officer has been granted.
• Expulsion from the College–Permanent separation from the college. An expelled student may not return to the campus unless prior permission by the Chief Student Services Officer has been granted. An expelled student will not receive academic credit for the semester in which the expulsion was imposed.
• Any combination of the above.

Within five (5) instructional weekdays of the preliminary hearing, the Chief Student Services Officer, or designee, will send a certified letter to the student. This letter will confirm the date of the preliminary hearing, identify the specific regulation(s) that the student allegedly violated, identify the decision, summarize the rationale, and, if the student violated the regulation(s), state the sanction that was imposed. This letter must also state that if the student disagrees with the decision or the sanction, the student may request a hearing before the Hearing Committee, that the student must submit this request no later than two instructional weekdays after receiving the decision letter unless a request is made and approved by the Chief Student Services Officer for an extension, and that any decision made and sanction imposed at the preliminary hearing may be held in abeyance should the student decide to go before the Hearing Committee.

 Hearing Committee

The Hearing Committee shall be composed of the following:

• Three faculty members appointed by the Chief Academic Officer and approved by the President.
• Three student members appointed by the appropriate student governing body and approved by the President.
• One member of the Student Services staff appointed by the Chief Student Services Officer and approved by the President.
• The Chief Student Services Officer, or designee who serves as an ex officio nonvoting member of the committee and who presents the case.

 The Hearing Committee shall perform the following functions:

• Hear cases of alleged violations of the Code of Student Conduct.
• Insure that the student’s procedural rights are met.
• Make decisions based only on evidence and information presented at the hearing.
• Provide the student with a statement of the committee’s decision including findings of fact and, if applicable, impose one or more of the following sanctions:

Academic Misconduct (cases sent to the Hearing Committee by the President)

• Assign a lower grade or score to the paper, project, assignment, or examination involved in the act of misconduct.
• Require the Student to repeat or resubmit the paper, project, assignment, or examination involved in the act of misconduct.
• Assign a failing grade for the course.
• Require the student to withdraw from the course.

Student Misconduct

• Reprimand– A written warning documenting that the student violated a student conduct regulation and indicating that subsequent violations could result in more serious disciplinary sanctions.
• Special Conditions–Completion of a variety of educational activities, relating to the nature of the offense may be imposed. Examples include, but are not limited to, the following: a formal apology, an essay or paper on a designated topic, or participation in a special project or activity.
• Restitution–Compensation for loss or damage to college property or the property of others while on campus or at a college event or activity including but not limited to field trips, internships, and clinicals.
• Disciplinary Probation–A written reprimand documenting that the student violated a student conduct regulation. Probation is for a specified period of time and it serves as a warning that subsequent violations could most likely result in more serious disciplinary sanctions.
• Loss of Privileges–Suspension or termination of particular student privileges.
• Suspension from College–Separation from the college for a specified period of time. Suspended students will not receive academic credit for the semester in which the suspension was imposed. During the suspension period, the student may not return to the campus unless prior permission by the Chief Student Services Officer has been granted.
• Expulsion from the College–Permanent separation from the college. An expelled student may not return to the campus unless prior permission by the Chief Student Services Officer has been granted. An expelled student will not receive academic credit for the semester in which the expulsion was imposed.
• Any combination of the above.

Hearing Committee Procedures

The Chief Student Services Officer, or designee, shall refer the matter to the Hearing Committee together with a report of the nature of the alleged misconduct, the name of the person(s) filing the complaint(s), the name of the student against who the charge(s) has (have) been filed, and a summary of the findings from the preliminary hearing.

At least seven instructional weekdays before the date set for the Hearing Committee’s meeting, the Chief Student Services Officer, or designee, shall send a certified letter to the student’s last known address. The letter must contain the following information:

• A statement of the charge(s).
• A brief description of the incident that led to the charge(s).
• The name of the person(s) submitting the incident report.
• The time, date and place of the scheduled hearing.
• A list of all witnesses who might be called to testify.
• A statement of the student’s procedural rights. These rights follow:
  • The right to consult with counsel. The role of the person acting as counsel is solely to advise the student. Counsel may not address the Hearing Committee or participate in any of the questioning. The student will be responsible for paying any fees charged by his/her counsel.
  • The right to present witnesses on one’s behalf.
  • The right to know the names of any witnesses who may be called to testify at the hearing.
  • The right to review all available evidence, documents, exhibits, etc. that may be presented at the hearing.
  • The right to present evidence; however, the Hearing Committee will determine what evidence is admissible.
  •  The right to know the identity of the person(s) bringing the charge(s).
  • The right to hear witnesses on behalf of the person bringing the charges.
  • The right to testify or to refuse to testify without such refusal being detrimental to the student.
  • The right to a fair and impartial decision.
  • The right to appeal the Hearing Committee’s decision.

 On written request of the student, the hearing may be held prior to the expiration of the seven day advance notification period if the Chief Student Services Officer, or designee, concurs with this change.

The Chief Student Services Officer, or designee, may postpone the hearing due to circumstances beyond the control of the parties.

 Hearing Committee Meetings

• The chair shall be appointed by the President from among the membership of the committee. Ex officio members of the committee may not serve as the chair of the committee.
•  Committee Hearings shall be closed to all persons except the student, the person(s) initiating the charge(s), counsel for the student and for the College, witnesses who will be invited to the hearing and a person, mutually agreed upon by the committee and the student, to serve as the recorder.
• The committee may identify someone to take written notes and the committee will have the hearing, with exception of deliberations, recorded. No other party in the hearing may record proceedings and no other party is entitled to a copy of the notes of the recording. The written notes and the recording will be maintained in the office of the Chief Student Services Officer. The student may review the notes and listen to the recordings under the supervision of the Chief Student Services Officer or designee.
• Witnesses shall be called in one at a time to make a statement and to respond to questions.
• After hearing all information, the Hearing Committee will begin its deliberations. Using the standard “clear and convincing,” which means that the information presented at the hearing would lead one to conclude that it is highly probable that the violation(s) occurred as alleged, the members will determine, by majority vote, whether the violation occurred as alleged. If it is determined that the violation(s) occurred as alleged, by majority vote, the members will decide upon the appropriate sanction.
• The Chair of the Hearing Committee will send a certified letter to the student’s last known address within two instructional weekdays of the Committee’s decision. The letter shall inform the student about the committee’s decision, the date of the decision, and, if applicable the sanctions imposed. The letter will also inform the student about the appeal process.

 Appeal

If the student disagrees with either the decision or the sanction, the student may submit a written appeal to the College’s President. This letter must be submitted within ten instructional weekdays of the date on which the Hearing Committee made its decision. The written appeal must include a statement indicating why the student disagrees with the Hearing Committees findings.

The President, or designee, shall review the Hearing Committee’s findings, conduct whatever additional inquiries as deemed necessary, and render a decision within ten instructional weekdays of receiving the appeal. The President, whose decision is final, shall have the authority, to approve, modify, or overturn the Hearing Committee’s decisions, and, if needed, void the process and reconvene another Hearing Committee. The President’s decision regarding disciplinary actions under the Student Code 3-2-106.1 are not grievable.

The President, or designee, will inform the student about the outcome of the appeal in a certified letter sent to the student’s last known address. 

Student Rights Under “English Fluency Requirements for Faculty Employment” 

Students in classes taught by faculty whose first language is other than English have the right to expect the faculty to speak English that is judged to be reasonably understandable. In the event such is not the case, the student may follow the grievance procedures to file a complaint. Such complaints will be handled according to College procedure 10-148. 

APPENDIX 4

THE STUDENT CODE for THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM

Student Code Procedures for Addressing Alleged Acts of Sexual Violence

and Sexual Harassment 

General Provisions 

The Student Code for South Carolina Technical Colleges sets forth the rights and responsibilities of the individual student, identifies behaviors that are not consistent with the values of college communities, and describes the procedures that will be followed to adjudicate cases of alleged misconduct. This Code applies to behavior or complaints alleging acts of sexual violence or sexual harassment on college property, at college-sponsored activities and events, and to off-campus behavior that adversely affects the college and/or the college community and the Code applies to all students from the time of applying for admission through the awarding of a degree, diploma, or certificate. 

The procedures described in SBTCE 3-2-106.2 will be followed to adjudicate alleged acts of sexual violence and sexual harassment. 

Sexual harassment is a form of discrimination prohibited by law as well as by the Student Code for the South Carolina Technical College System. In general, sexual harassment includes any advances, requests for sexual favors, sexual violence, and other verbal or physical conduct of a sexual nature that interferes with a student’s ability to participate in or benefit from the college’s programs or services. It may include such conduct as offensive jokes, slurs, name calling, physical assaults or threats, intimidation, ridicule, or mockery, insults or put downs, and/or offensive objects or pictures. 

Sexual assault is an extreme form of sexual harassment. It can be defined as a situation, in which an individual is forced, threatened or coerced into sexual contact against his/her free will, or without his/her consent. Sexual assault may include, but is not limited to, sexual violence, date or acquaintance rape, sexual molestation, unwanted sexual touching or having sexual contact with a person while knowing or having reason to know that the person in capacitated in some way (i.e., due to drugs or alcohol). 

Any student, or other member of the college community, who believes that he/she is or has been a victim of sexual harassment or sexual assault may file a report with the college’s CSSO, campus security office, or with the college’s Title IX coordinator. The designated coordinator will work with the complaining student to mitigate any injury during the pendency of the investigation and proceedings. Colleges, through their designated coordinators, will change a victim’s academic and living situations after an alleged sex offense and discuss the options for those changes, if those changes are requested by the victim and are reasonably available. The Title IX coordinator’s office location and phone number are printed in the college’s catalog and appears on the college’s website. 

Reports may also be filed by any other member of the college community. The student may also file a criminal report regarding the alleged conduct. 

Due to the seriousness of these issues, the college will provide educational programs to promote the prevention and awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses, as well as sexual harassment awareness programs. 

If the alleged harasser or violator of this policy is a student, the case may be adjudicated the process that follows: 

Preliminary Hearing 

Within five instructional weekdays after the charge has been filed, the CSSO, or designee, shall complete a preliminary investigation of the charge and schedule a meeting with the alleged violator and, if needed, the victim. After discussing the alleged infraction with the accused student and reviewing available information, the CSSO, or designee, will decide whether the information presented during the meeting indicates that the violation occurred as alleged. When the student cannot be reached to schedule an appointment, or when the student fails to attend the meeting, the CSSO, or designee, will base the decision upon the available information. 

If the available information indicates that the violation occurred as alleged, then one of the following sanctions will be imposed: 

•  Reprimand– A written warning documenting that the student violated a student conduct regulation and indicating that subsequent violations could result in more serious disciplinary sanctions.
• Restitution–Compensation for loss or damage to college property or the property of others while on campus or at a college event or activity including but not limited to field trips, internships, and clinicals.
• Special Conditions–Completion of a variety of educational activities, relating to the nature of the offense may be imposed. Examples include, but are not limited to, the following: a formal apology, an essay or paper on a designated topic, or participation in a special project or activity.
• Disciplinary Probation–A written reprimand documenting that the student violated a student conduct regulation. Probation is for a specified period of time and it serves as a warning that subsequent violations could most likely result in more serious disciplinary sanctions.
• Loss of Privileges–Suspension or termination of particular student privileges.
• Suspension from College–Separation from the college for a specified period of time. Suspended students will not receive academic credit for the semester in which the suspension was imposed. During the suspension period, the student may not return to the campus unless prior permission by the CSSO has been granted.
• Expulsion from the College–Permanent separation from the college. An expelled student may not return to the campus unless prior permission by the CSSO has been granted. AN expelled student will not receive academic credit for the semester in which the expulsion was imposed.
•  Any combination of the above. 

Within five instructional weekdays of the preliminary hearing, the CSSO will send a certified letter to the student charged with violating the Student Code and to the victim. This letter will confirm the date of the preliminary hearing, identify the specific regulation(s) that the student allegedly violated, identify the decision, summarize the rationale, and, if the student violated the regulation(s), state the sanction that was imposed. The letter must also state that if the student charged with the violation or the victim disagrees with the decision or the sanction, either party may request a hearing before the Hearing Committee, that the request must be submitted no later than two instructional weekdays after receiving the decision letter unless a request is made and approved by the CSSO for an extension, and that any decision made and sanction imposed at the preliminary hearing may be held in abeyance pending the outcome of the Hearing Committee’s meeting. 

Hearing Committee

The Hearing Committee shall be composed of the following: 

• Three faculty members appointed by the Chief Academic Officer and approved by the President.
•  Three student members appointed by the appropriate student governing body and approved by the President.
• One member of the Student Services staff appointed by the Chief Student Services Officer and approved by the President.
• The CSSO, or designee, who serves as an ex officio nonvoting member of the committee and who presents the case. 

The Hearing Committee shall perform the following functions: 

• Hear cases of alleged violations of the Code of Student Conduct.
• Insure that the student’s procedural rights are met.
• Make decisions based only on evidence and information presented at the hearing.
• Provide the student with a statement of the committee’s decision including findings of fact and, if applicable, impose one or more of the following sanctions:
  • Reprimand– A written warning documenting that the student violated a student conduct regulation and indicating that subsequent violations could result in more serious disciplinary sanctions.
  • Restitution–Compensation for loss or damage to college property or the property of others while on campus or at a college event or activity including but not limited to field trips, internships, and clinicals.
  • Special Conditions–Completion of a variety of educational activities, relating to the nature of the offense may be imposed. Examples include, but are not limited to, the following: a formal apology, an essay or paper on a designated topic, or participation in a special project or activity.
  • Disciplinary Probation–A written reprimand documenting that the student violated a student conduct regulation. Probation is for a specified period of time and it serves as a warning that subsequent violations could most likely result in more serious disciplinary sanctions.
  • Loss of Privileges–Suspension or termination of particular student privileges.
  • Suspension from College–Separation from the college for a specified period of time. Suspended students will not receive academic credit for the semester in which the suspension was imposed. During the suspension period, the student may not return to the campus unless prior permission by the CSSO has been granted.
  • Expulsion from the College–Permanent separation from the college. An expelled student may not return to the campus unless prior permission by the CSSO has been granted. AN expelled student will not receive academic credit for the semester in which the expulsion was imposed.
  • Any combination of the above.

 Hearing Committee Procedures. 

• The CSSO, shall refer the matter to the Hearing Committee together with a report of the nature of the alleged misconduct, the name of the person(s) filing the complaint(s), the name of the student against who the charge(s) has (have) been filed, and a summary of the findings from the preliminary hearing.
• At least seven instructional weekdays before the date set for the Hearing Committee’s meeting, the CSSO, or designee, shall send a certified letter to the charged student’s last known address and to the victim’s last known address. The letter must contain the following information: 
  • A statement of the charge(s).
  • A brief description of the incident that led to the charge(s).
  • The name of the person(s) submitting the incident report.
  • The time, date and place of the scheduled hearing.
  • A list of all witnesses who might be called to testify.
  • A statement of the student’s procedural rights. These rights follow: 
    • The right to consult with counsel. The role of the person acting as counsel is solely to advise the student. Counsel may not address the Hearing Committee or participate in any of the questioning. The student will be responsible for paying any fees charged by his/her counsel.
    • The right to present witnesses on one’s behalf.
    • The right to know the names of any witnesses who may be called to testify at the hearing.
    • The right to review all available evidence, documents, exhibits, etc. that may be presented at the hearing.
    • The right to present evidence; however, the Hearing Committee will determine what evidence is admissible.
    • The right to know the identity of the person(s) bringing the charge(s).
    • The right to hear witnesses on behalf of the person bringing the charges.
    • The right to testify or to refuse to testify without such refusal being detrimental to the student.
    • The right to a fair and impartial decision
    • The right to appeal the Hearing Committee’s decision. 
• On written request of the charged student or the victim, the hearing may be held prior to the expiration of the seven day advance notification period if the CSSO, or designee, concurs with this change.
• The chairperson of the Hearing Committee, in his/her discretion, may postpone the hearing due to circumstances beyond the control of the parties. 

Hearing Committee Meetings 

• The chair shall be appointed by the President from among the membership of the Committee. Ex officio members of the committee may not serve as the chair of the committee.
• Committee hearings shall be closed to all persons except the student, the person(s) initiating the charge(s), counsel for the student and for the College, witnesses who will be invited to the hearing and a person, mutually agreed upon by the committee and the student, to serve as the recorder.
•  The committee may identify someone to take written notes and the committee will have the hearing, with exception of deliberations, recorded. No other party in the hearing may record proceedings and no other party is entitled to a copy of the notes of the recording. The written notes and the recording will be maintained in the office of the CSSO. The student may review the notes and listen to the recordings under the supervision of the CSSO or designee.
• Witnesses shall be called in one at a time to make a statement and to respond to questions.
• After hearing all information, the Hearing Committee will begin its deliberations. Using the standard “preponderance of evidence” standard which means that it is more likely than not that the violation occurred as alleged, the members will determine, by majority vote, whether the violation occurred. If it is determined that the violation(s) occurred as alleged, by majority vote, the members will decide upon the appropriate sanction.
• The Chair of the Hearing Committee will send a certified letter to the student’s and to the victim’s last known address within two instructional weekdays of the Committee’s decision. The letter shall inform the student about the committee’s decision, the date of the decision, and, if applicable the sanctions imposed. The letter will also inform each recipient about the appeal process.

Appeal 

If the student disagrees with either the decision or the sanction, or, only in cases involving charges of sexual violence, the sanction, the student may submit a written appeal to the College’s President. This letter must be submitted within ten instructional weekdays of the date on which the Hearing Committee made its decision. The written appeal must include a statement indicating why the student disagrees with the Hearing Committees findings. 

The President, or designee, shall review the Hearing Committee’s findings, conduct whatever additional inquiries as deemed necessary, and render a decision within ten instructional weekdays of receiving the appeal. The President, whose decision is final, shall have the authority, to approve, modify, or overturn the Hearing Committee’s decisions, and, if needed, void the process and reconvene another Hearing Committee. 

The President or designee will inform the student about the outcome of the appeal in a certified letter sent to the student’s last known address. 

Appendix 5

Student Government Association Constitution

Preamble

In order to establish an active Student Government with the power and the responsibility to administer student affairs fairly and justly and to ensure the individual rights of students, we the students of Tri-County Technical College do approve and institute the following as the Constitution of our Student Government.

Article I - Name

The name of this organization shall be the Student Government Association.

Article II - Purpose and Organization

PURPOSE. The administration of Tri-County Technical College, believing that the welfare of the College will be advanced by the development of an efficient system of self-government among the students in all that relates to the conduct of the students individually and as a group, has entrusted to them a share in matters pertaining to students’ conduct, loyalty, and honor.

The whole basis of successful student government is based upon the idea of serious individual responsibility. Since the standards of the group can be no higher than those of each individual within the group, it is the duty of each student to strive to uphold the highest conduct, loyalty and honor in all phases of college life

OBJECTIVE. The objective of the Student Government Association shall be to foster students’ interest and activities, to maintain high standards of scholarship and honor among students, to aid in administering regulations, and to transact business pertaining to the student body. The advisors to the Student Government Association shall consist of faculty and/or staff members of Tri-County Technical College who are appointed by the Vice President for Student Affairs. In the event that there is a Director of Student Activities, the director shall be the Student Government Association advisor. All matters and activities of this organization shall be coordinated through the appointed advisors and subject to their approval. Upon disapproval the Executive Branch of the Student Government Association may seek an appeal through the College’s administration.

SOCIAL PLANNING. The Student Government Association shall organize and conduct Student Government Association Activities.

Article III - Membership

All students enrolled at Tri-County Technical College are members of the Student Government Association. Voting rights are given to the Senators, and the Secretary and Treasurer of the Executive Council.

Article IV - Legislative Branch Representation

The student Legislative Senate shall be composed of appointed student Senators. Senators shall serve a term that begins Fall Semester and extends through Spring Semester. The Legislative Senate should be composed of persons willing to represent the student body of Tri-County Technical College.

Duties and Responsibilities of the Senator Shall Be:

• To represent his/her fellow students at all Student Government Association sanctioned functions.
• To solicit opinions, suggestions and ideas from his/ her fellow students on matters which come before the Student Government Association.
• To keep the student body informed on all Student Government Association activities.
• To vote on all motions presented to the Student Legislative Senate.
• To support or serve on Student Government Association Committees.
• To devote the time necessary to fulfill the duties of office.
• A Senator cannot and will not represent the Student Government Association of Tri-County Technical College without prior written consent of that organization. Unauthorized activities may result in the impeachment of that Senator.

Powers of the Student Legislative Senate.

• Amend the Constitution upon a two-thirds vote, or upon a majority vote with presidential approval.
• Organize and administer all Student Government Association elections.
• Impeach any student holding a position in the Student Government Association who fails to carry out the duties of the office.
• Initiate and forward recommendations or proposals to the Administration as it deems necessary.
• Serve as the body that rules on all honor violations and other such items that involve students’ affairs and conduct.

Every proposed act passed by the Student Legislative Senate by a majority vote must be signed by the President before it becomes part of the Constitution. If vetoed, the President shall return it with his/her objections in writing to the Student Legislative Senate at the next meeting. The objection shall be entered in the minutes, and the Student Legislative Senate will proceed to reconsider them. If, after such reconsideration, two-thirds of the Student Legislative Senate shall agree to pass the proposed act, it shall become part of the Constitution. This same procedure will be followed with regard to recommendations and proposals which originate in the Student Legislative Senate and are to be passed through the Student Government Association President to the Administration.

Meeting of the Student Legislative Senate

The Student Legislative Senate shall meet at least once each month of the school year. Special meetings may be called at the discretion of the Executive Branch, Student Government Association Advisor, or a majority of the Student Legislative Senate. If a majority of the members of the Student Legislative Senate are not present to form a quorum, the meeting shall be adjourned and rescheduled.

Impeachment

Any Senator may be impeached by the Student Legislative Senate for failure to fulfill his/her duties of office in accordance with Article VI.

Article V - Executive Branch

Titles and Terms of Office

The Executive Branch of the Student Government Association will be composed of the President, the Vice-President, the Secretary, and the Treasurer of the Student Government Association, the Student Government Association Advisor, and the Executive Council. These four executive offices will be held for one year, beginning the last week of Spring Semester and including the Summer Term. No student may hold office more than two terms during a five-year period.

Qualifications for Office:

• Be a regular, full-time, year-round student at Tri-County Technical College as stipulated.
• Be willing and able to devote the time necessary to fulfill the duties of office.
• Be approved by the Election Committee.
• Be in good academic standing with an institutional grade point ratio of 2.0 or greater.
• Be in good standing with the student body.
• A first semester freshman elected to a Student Government Association office must receive a 2.0 grade point ratio that first semester to maintain the position.

Powers and Duties of Executive Office

• The President will have the power and duty to:
  • Act as an official representative of the Tri-County Technical College Student Government Association.
  • Call special sessions of the Student Legislative Senate when he/she deems necessary.
  • Nominate and, with a two-thirds consent of the Legislative Senate, appoint members to the various committees and members of the student court.
  • Act as the liaison to the Administration from Student Government.
  • Serve as an ex-officio member on all committees.
  • Preside over the meeting of the Executive Council.
  • The President does not have the authority to vote on issues which come before the Student Legislative Senate since he/she is given the power of the veto along with the Vice President, Secretary, and Treasurer.
  • Be responsible for planning and implementing all Student Government Association functions.
  • Preside over the meeting of the Student Legislative Senate.
• The Vice President will have the power and duty to:
  • Upon the request of the President, act as the official representative of the Tri-County Technical College Student Government Association.
  • Assume the office of the President if the President is unable to carry out the duties of the office.
  • Serve as an ex-officio member along with the President on all committees.
  • Promote social standards.
  • Serve on the Executive Council.
  • In the event of a tie vote in the Student Legislative Senate, the Vice President will have the authority to vote in the Student Legislative Senate along with the President, Secretary, and Treasurer.
  • Be responsible for planning and implementing all Student Government Association functions.
• The Secretary will have the power and duty to:
  • Keep the minutes at the Student Legislative Senate meetings.
  • Maintain a roll at Student Legislative Senate meetings which will be posted, along with minutes of the meetings, on the Student Government Association bulletin board within 72 hours after each meeting.
  • Act as a secretary to the President and Vice President in matters concerning the Student Government Association.
  • Shall have the right to vote in the Student Legislative Senate.
  • Serve on the Executive Council along with the President, Vice President, and Treasurer.
  • Be responsible for planning and implementing all Student Government Association functions.
• The Treasurer will have the power and duty to:
  • Upon the request of the Executive Council shall report the financial status of the Student Government Association.
  • Prepare and submit a budget in conjunction with the Student Government Association Advisor for the school year to be approved by the Executive Council.
  • Perform the duties of the Secretary in the event the Secretary is unable to do so.
  • Shall have the right to vote in the Student Legislative Senate.
  • Serve on the Executive Council along with the President, Vice President, and Secretary.
  • Be responsible for planning and implementing all Student Government Association functions.

Vacancies in Office

If the President is not able to fulfill the duties of his office, the Vice President shall assume the office of the President. The President will appoint and upon two-thirds vote of the Student Legislative Senate elect a replacement. If the President cannot find a suitable replacement, the Student Legislative Senate will then, at the first date possible, hold election for the office of Vice President.

Should the President and the Vice President be unable to fulfill the duties of office, the election committee along with the Student Government Association advisor (at the first possible date) will appoint and upon two-thirds vote of the Student Legislative Senate elect a new President and Vice President. Should the Vice President, the Secretary, or the Treasurer be unable to fulfill the duties of office, the President will appoint and upon two-thirds vote of the Student Legislative Senate elect a replacement.

Executive Council

• Representation. The Executive Council shall be composed of the Student Government Association President, Vice President, Secretary, Treasurer, and all committee chairpersons.
• Purpose. The purpose of the Executive Council shall be:
  • To act as an advisory committee to the President.
  • To formulate new ideas and policies to be presented to the Student Legislative Senate.
  • To prepare an agenda for Student Legislative Senate meetings.
  • To coordinate and prepare reports of committees.
  • Administer the Student Government Association funds according to Tri-County Technical College’s procedures.
• Meeting. The Executive Council will meet one week prior to the regular Student Government Association meeting.

Article VI -Judicial Branch

Powers and Terms of Student Judicial Court. The Judicial Power of the Student Government Association will be vested in one Student Court. It is expected that the behavior of members of the Student Court be beyond reproach. This Judicial Power shall extend to cases arising under this Constitution involving controversies between two or more students and in cases where students’ behavior would reflect poorly on Tri-County Technical College. A board of three judges shall comprise the Student Judicial Court along with a three-member advisory committee. These members will be nominated and elected by the Student Legislative Senate body and with approval of the President and the Student Government Association Advisor.

Qualifications

Their qualifications will be measured with those of the Executive Officers.

Impeachment

The Student Legislative Senate shall have sole power to impeach any member of the Student Government Association. Appeals may be made to the Student Government Advisor and the College President. No person shall be impeached without a two-thirds vote by written ballot of the Senators present. Judgment in case of impeachment shall not extend further than removal from office and disqualification to hold any future position in the Student Government Association, but the party convicted shall, nevertheless, be liable and subject to judgment and punished by the Student Court and, if warranted, civil authorities.

Article VII – Standing Committee Bylaws

Election Committee Bylaws

It is the responsibility of the Election Committee of the Student Legislative Senate to organize and administer all Student Government elections. Its four Student Legislature members will be appointed by the President. Executive elections will be held during the Spring Semester. Voting will take place in an area specified by the Election Committee.

Students must be currently enrolled to vote (as defined in the current Tri-County Technical College catalog). Before voting, each student will have his/her name checked off a master list to ensure that no student votes twice. The Elections Committee will specify the times during which the polls will be open. At the close of each voting session, the committee will carry the ballots along with any unused ballots to the Counseling Center, where the Elections Committee Chairman and the Secretary will tabulate all votes under the supervision of the Student Government Association Advisor. A simple majority will be required for election to office. If, after the count is completed, no candidate running for a particular office has a majority, then the two candidates having the greatest number of votes for that particular office will have a run-off election the following week. Candidates may run for only one office in each election.

• For a student’s name to be placed on the ballot, the student must:
  • Meet the qualifications of office.
  • Inform the Election Committee of his/her intention to run for office on or before the cut-off date advertised during Spring Semester.
  • File a petition with the Student Government Association Advisor containing 100 student signatures. This petition should be filed on or before the cutoff date advertised.

Article VIII - Student Rights

Student Rights

Under no circumstances will any act passed by the Student Legislative Senate or any part of the Constitution deprive a student of the rights granted to him/her by the Constitution of the United States of America.

Appendix 6

Student Grievance Procedure

Tri-County Technical College adheres to SBTCE Procedure Number 3-2-106.2, “The Student Grievance for the South Carolina Technical College System,” which follows.

PURPOSE: The purpose of the student grievance procedure is to provide a system to channel student complaints against faculty and staff, concerning the following:

• Alleged discrimination on the basis of age, gender, race, disability or veteran’s status, excluding sexual harassment complaints. Because of the sensitive nature of this type of complaint, a conference with the Chief Student Affairs Officer may replace the first step of the grievance procedure. The Chief Student Affairs Officer will counsel with the student to determine the appropriate action that is required.
• Alleged sexual harassment complaints should be directed to the Vice President for Student Affairs. Because of the sensitive nature of this kind of complaint, a conference with the Vice President for Student Affairs will replace the first step of the grievance procedure. The Vice President for Student Affairs will counsel with the student to determine the appropriate action that is required. If the grievance is not resolved after this meeting, then the remainder of the grievance procedure will be followed.
• Academic matters, excluding individual grades, except when the conditions in items A or B above apply.

DEFINITIONS: When used in this document, unless the content requires other meaning,

• “College” means any college in the South Carolina Technical College System.
• “President” means the chief executive officer of the college.
• “Administrative Officer” means anyone designated at the college as being on the administrative staff, such as the President, Chief Academic Officer, Chief Student Affairs Officer, etc.
• “Chief Student Affairs Officer” means the Administrative Officer at the College who has overall management responsibility for student services or his/her designee.
• “Chief Instructional Officer” means the Administrative Officer at the College who has overall management responsibility for academic programs and services or his/her designee.
• “Student” means a person taking any course(s) offered by the college.
• “Instructor” means any person employed by the college to conduct classes.
• “Staff” means any person employed by the college for reasons other than conducting classes.
• “Campus” means any place where the college conducts or sponsors educational, public service, or research activities.

PROCEDURES

FIRST STEP: The student must go to the instructor or staff member where the alleged problem originated. An attempt will be made to resolve the matter equitably and informally at this level. The conference must take place within ten instructional days of the incident which generated the complaint.

SECOND STEP: If the student is not satisfied with the outcome of the informal conference, the student may file a written grievance. The Chief Student Affairs Officer, or designee, shall make a grievance form available to the student and explain the grievance process to the student. The completed grievance form must be presented to the Chief Student Affairs Officer, or designee, within ten instructional weekdays after satisfying the first step in the grievance process. The Chief Student Affairs Officer, or designee, shall give written acknowledgment of receipt of the grievance form. This acknowledgment shall be given immediately or no later than two instructional weekdays after receipt of the student’s grievance form. The Chief Student Affairs Officer, or designee, will then refer the grievance to the immediate supervisor involved. The supervisor shall respond in writing to the student within ten instructional weekdays of receipt of the grievance form. As a part of the effort to resolve the issue, the supervisor will consult with the accused and Chief Administrative Officer of the division or component concerned.

THIRD STEP: If the supervisor’s written response does not resolve the matter, the student may request to appear before the Student Grievance Committee. The student must submit a written request within five instructional weekdays after receiving the supervisor’s written response. The request shall include a copy of the original grievance form and the reason why the supervisor’s response was unsatisfactory. The student must attach a copy of the supervisor’s response to the request. The Chief Student Affairs Office shall immediately notify the President who shall ensure that the Committee is organized in a manner consistent with Section IV A of this procedure. The Chief Student Affairs Officer, or designee, will send copies of the appeal to the members of the Committee, the employee, and the employee’s supervisor. The employee against whom the grievance was filed shall be given an opportunity to respond in writing to the chairperson of the Committee.

The Student Grievance Committee’s meeting(s) shall be conducted between five and fifteen instructional weekdays following the date of the request. The chairperson may grant a postponement if either party submits a written request no later than five instructional weekdays prior to the scheduled meeting.

FOURTH STEP: If either party is not satisfied with the Committee’s decision, that person may submit an appeal to the President of the college within ten instructional weekdays of the Committee’s decision.

The President shall review the Committee’s findings, conduct whatever additional inquiries are deemed necessary and render a decision within ten weekdays of receipt of the appeal. The President’s decision is final.

The Student Grievance Committee

The Student Grievance Committee shall be composed of the following:

• Three students recommended by the governing body of the student body.
• Two faculty members recommended by the Chief Instructional Officer.
• One Student Affairs staff member recommended by the Chief Student Affairs Officer.
• One administrator, other than the Chief Student Affairs Officer, to serve as the Committee’s chairperson.
• The Chief Student Affairs Officer, or designee, who serves as an ex-officio, non-voting member of the committee. The President must approve all recommended members.

Purpose and Function of Grievance Committee

All student grievance committees are ad hoc and shall be formed to hear specific complaints. A new committee may be formed every time that a grievance covered under this procedure is filed.

Whenever a committee is formed, it may adopt additional rules and guidelines not in contradiction with these procedures.

Rights of the Parties Involved in a Grievance
When a grievance committee meeting is scheduled, the parties involved are entitled to:

• A written notice of the complaint that shall be for warded to all parties at least five instructional week days prior to the meeting unless the student filing the complaint waives this requirement. This notice shall include the following:
  • A brief description of the complaint, including the name of the person filing the complaint;
  • the date, time, and location of the meeting; and
  • the name of any person who might be called as a witness.
• Review all available evidence, documents or exhibits that each party may present at the meeting. This review must take place under the supervision of the Chief Student Affairs Officer.
• Appear in person, present information on his or her behalf, and present additional evidence to the committee, subject to the Committee’s judgment that the evidence is relevant to the appeal.
• Call witnesses who are dismissed after providing testimony and responding to questions posed by the Committee and either party in the appeal.
• An advisor who shall not address the Committee or ask any witness a question. Payment of legal fees is the student’s responsibility.

Hearing Procedures

• Hearings are closed to the public. When testimony is being given, only the committee members, the student and his/her advisor, the employee and his/her advisor, and the witness giving testimony may be present. During deliberations, only the members of the Committee may be present.
• Hearings are informal and a tape recording of the testimony presented during the appeal hearing may be made. The Committee’s deliberations are not tape-recorded. After resolution of the appeal, the tape re-cording will be kept for three months in the office of the Chief Student Affairs Officer. Either party in the appeal may listen to this tape recording under the supervision of the Chief Student Affairs Officer or designee.
• The Committee may question the student and the employee. The Committee may also question the employee’s supervisor and any additional witnesses that it considers necessary to render a fair decision. Questions must be relevant to the issues of the appeal.
• Both parties to the appeal may ask questions of the other during the meeting. These questions must be relevant to the issues of the appeal. The Chairperson of the Committee will determine the appropriateness of the questions.
• The student shall bear the burden of proof.
• The Committee shall decide the solution of the grievance by a majority vote. In case of a tie, the chairperson shall vote and thus break the tie.
• The chairperson shall forward a copy of the Committee’s decision to all parties involved and to the office of the President of the college within two instructional weekdays of the Committee’s decision. This letter will include a rationale for the Committee’s decision.