Article III: Judicial Procedures

Type of Hearings

1. Informal Resolution

If the College Official determines the charges have merit, but may be resolved informally by mutual consent, the College Official shall act accordingly and document the end results. These results will be reported to the Vice Chancellor for Student Services to be filed. Informal resolutions are not open to appeal.

2. Administrative Conduct Hearing

An Administrative Conduct Hearing shall be directed by the Vice Chancellor for Student Services or the Vice Chancellor for Academics, when:

1. Suspension or expulsion from the College are not potential sanctions, or
2. The student admits responsibility for the violation and requests in writing that the College takes whatever action seems appropriate, up to and including suspension or expulsion.

Documentation of the end result decisions of the Administrative Conduct Hearing will be sent to the Vice Chancellor for Student Services to be filed. If a student withdraws from the College before the Student Conduct process is complete, sanctions may still be imposed at the discretion of the Vice Chancellor for Student Services or designee.

3. Student Conduct Committee Hearing

The Student Conduct Committee shall be convened when suspension or expulsion from the College are potential sanctions. The Committee shall consist of faculty members, staff members, and students appointed by the Vice Chancellor for Student Services and the Vice Chancellor for Academics. At least three members of the Student Conduct Committee must be present at the hearing. Committee hearings shall be requested by the Vice Chancellor for Student Services and the Vice Chancellor for Academics and conducted according to established guidelines (see Article III, section C).

A time shall be set for a hearing, not more than ten (10) school days from the date of the incident. Maximum time limits for scheduling of hearings may be extended at the discretion of the Vice Chancellor for Student Services and the Vice Chancellor for Academics.

A. Hearing Guidelines

1. Hearings shall be conducted according to the following guidelines:
   1. Hearings normally shall be conducted in private. At the request of either party, the Vice Chancellor for Student Services, the Vice Chancellor for Academics, designee, or the Student Conduct Committee Chairperson, others may be allowed to attend the hearing.
   2. In hearings involving more than one accused student, the Vice Chancellor for Student Services, the Vice Chancellor for Academics, designee, or the Student Conduct Committee Chairperson, at his/her discretion may permit the hearings concerning each student to be conducted separately.
   3. Each party to the hearing may speak for him or herself, or be represented by an SAU Tech employee. This is an internal due process procedure, not a court of law; therefor, attorneys shall not be present.
   4. The complainant and the accused shall have the privilege of presenting witnesses, subject to the right of cross-examination by the parties. Members of the Student Conduct Committee may also question witnesses.
   5. Pertinent records, exhibits, and written statements may be accepted as evidence for consideration.
   6. All procedural questions are subject to the final decision of the Vice Chancellor or the Student Conduct Committee Chairperson.
   7. After the hearing, the Vice Chancellor for Student Services and the Vice Chancellor for Academics or the Student Conduct Committee shall determine (by majority vote if necessary) whether the student has violated each section of the Code of Conduct, which the student is charged with violating.
   8. If it is determined that the student is responsible for any violation of the Code of Conduct,
      1. The Vice Chancellor for Student Services, the Vice Chancellor for Academics, or designee shall determine sanction(s), notify the student in writing, and send a copy of the decision to the Vice Chancellor for Student Services,
      2. Or the Student Conduct Committee Chairperson shall notify the appropriate Vice Chancellor of the committee’s determination and recommended sanctions. The appropriate Vice Chancellor will decide the appropriate sanctions based upon the Student Conduct Committee’s recommendations and extenuating factors, as appropriate, and then notify the student in writing of the final determination and sanctions.
   9. The proof standard for disciplinary decision making shall be a preponderance of the evidence.
2. There shall be a single record of all hearings which shall be the property of the College.
3. In the event that a student is unable to attend a hearing at the scheduled time, the hearing will proceed as scheduled. If the hearing time needs to be rescheduled, the student must submit a written request to the appropriate Vice Chancellor prior to the scheduled hearing.

B. Disciplinary Sanctions

1. College Disciplinary Process Sanctions (for individual, groups, or organizations)
   1. Educational Sanctions: Essays or research papers, counseling, alcohol/drug evaluations, tasks, or series of tasks that are educational in nature and/or serve to benefit the group or community at large.
   2. Reprimand: (a) Oral reprimand – An oral disapproval issued to the student by a person designated in the decision; (b) Written reprimand – A written statement of disapproval prepared by a designated person and delivered to the student.
   3. Restriction: (a) Identification card privileges; (b) parking privileges; (c) visitation privileges in residence halls; (d) removal/reassignment from a particular course, room, floor, facility, or residence hall; (e) or as appropriate to the violation.
   4. Restitution: Compensation for loss or damage incurred to the College or a member/guest of the College community.
   5. Probation: Notice that further Breach of Conduct, as specified, may result in suspension, loss of privileges, or expulsion as may be consistent with the offense committed. The period of probation shall be specified in the decision.
   6. Suspension: Temporary severance of the student’s relationship with SAU Tech for a specified period of time. The period of time is to be specified in the decision.
   7. Expulsion: Permanent severance of the student’s relationship with SAU Tech.
   8. Housing Penalties: (a) expulsion from College housing; (b) suspension from housing; (c) housing relocation; (d) residence hall restrictions; (e) probated expulsion from housing; (f) probated suspension from housing; (g) other sanctions as warranted by the evidence.
2. More than one of the sanctions listed above may be imposed for any single violation.
3. The following sanctions may be imposed upon groups or organizations:
   1. Those sanctions listed above in Section D 1, sub-sections a through.
   2. Deactivation: Loss of all privileges, including College recognition, for a specified period of time.

NOTE: SAU Tech will not accept for transfer any credit earned at other institutions during the period a student is on suspension for disciplinary reasons from SAU Tech.

C. Interim Suspension

In certain circumstances, the Vice Chancellor for Student Services, the Vice Chancellor for Academics, or designee, may impose a College or housing suspension prior to the hearing before a College Official or committee.

1. Interim suspension may be imposed when the student poses a definite threat:
   1. To the safety and well-being of members of the College community or College property;
   2. Disruption of or interference with the normal operations of the College.
2. During the interim suspension, students shall be denied access to the Residence Halls and/or to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Vice Chancellor for Student Services the Vice Chancellor for Academics, or designee, may determine to be appropriate.

D. Appeals

1. A decision reached by the Vice Chancellor for Student Services, the Vice Chancellor for Academics, or designee, in an Administrative Conduct Hearing or the Student Conduct Committee may be appealed by the accused student(s) or complainant(s) to the Office of the Chancellor within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the Office of the Chancellor.
2. The Chancellor shall hold appellate jurisdiction of College regulations. After reviewing the written appeal, the Chancellor shall make a determination on the appeal. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the record of the initial hearing and supporting documents for one or more of the following purposes:
   1. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Code of Conduct was violated and giving the accused student a reasonable opportunity to prepare and to present a rebuttal to those allegations.
   2. To determine whether the decision reached was supported by substantial evidence; that is whether the facts in the case were sufficient to establish that a violation of the Code of Conduct occurred.
   3. To determine whether the sanction(s) imposed were appropriate for the violation of the Code of Conduct, which the student was found to have committed.
   4. To consider new evidence sufficient to alter a decision or other relevant facts not brought out in the original hearing when such evidence and/or facts were not known to the person appealing at the time of the original hearing.
3. Review of the sanction by the Chancellor may not result in more severe sanction(s) for the accused student.
4. The Chancellor has five days to reach a decision on the matter and transmit his/her recommendations to the Vice Chancellor for Student Services.
5. The Vice Chancellor for Student Services shall notify the student in writing of the determination of the Chancellor. The decision shall be final.