Student Conduct Review Process
Any person (complainant) may bring a complaint against a student under these procedures based on an alleged violation of the Student Code of Conduct. All such complaints shall be made to Public Safety or by filling out the Conduct/Behavior Violation form. All communication regarding conduct proceedings will occur via the Delta College email system.
Delta College is committed to providing due process to the student respondent, defined as notice of the charges and an opportunity to respond.
All parties and all participants in any proceeding under this policy at any step will maintain strict confidentiality and will share information only with their chosen advisor(s), advocate(s), and those whose position or assignments with the College require them to be informed. In addition, the incident may be discussed as part of professional development of faculty or staff without using identifiable information. A breach of this obligation of confidentiality may result in disciplinary action.
Retaliation is strictly prohibited by law and Delta College policy. Any retaliatory action taken against anyone filing a complaint or cooperating in any proceeding under this policy is prohibited and may result in disciplinary action up to and including expulsion.
Conduct Review Officer (CRO)
A Conduct Review Officer will review and investigate each case brought forward under the Student Conduct Review Process. CROs can be any full-time A/P staff member of the college and are selected to this role by the Dean of Student Success. If a conflict exists with the CRO, the case will be assigned directly to the Conduct Review Board. Conduct Review Officers may also serve as an individual hearing officer.
A CRO, upon receipt of the Conduct/Behavior Violation form, will review the information submitted, as well gather relevant facts and evidence to determine whether by a preponderance of the evidence the student has violated the Code of Conduct. In order to make a determination, the CRO may interview the complainant, any witnesses and review any available reports, evidence, and information. In the event the CRO has evidence a violation occurred, a Conduct Review Meeting will be scheduled. The CRO or the respondent has the right to refer a case to the Student Conduct Review Board at any time during the investigation.
If the CRO determines that there is not a preponderance of evidence that the respondent violated the Code of Conduct, the charge may be dismissed at any time during the investigation and/or the Conduct Review Meeting.
In cases including more than one respondent, the CRO will conduct any meetings concerning each respondent separately, unless the facts or evidence require otherwise.
The Dean of Student Success or designee may suspend the respondent at any time during the investigation upon the CRO’s or Public Safety’s recommendation, on an interim basis, pending disciplinary proceedings, to ensure the safety of persons or property, or for other necessary reasons. Such interim suspension will become immediately effective without prior notice whenever there is evidence that the continuing presence of the student on the College premises poses a threat to the physical or emotional safety or well-being of any member of the college community or that any personal or public property is jeopardized or if the presence of the individual may obstruct any educational process.
Conduct review meeting
If the CRO has determined that there is a reasonable basis that a violation of the Student Code of Conduct occurred, the Dean of Student Success or their designee shall schedule a Conduct Review Meeting. The Dean of Student Success or their designee shall give notice to the respondent by an email sent to the respondent’s official Delta College email address, in advance of the meeting. The correspondence sent to the respondent will include the formal charge including violations listed and the date, time and location of the Conduct Review Meeting. The CRO shall notify the respondent that an informal resolution of the matter may be pursued at the Conduct Review Meeting. Recording of any type is prohibited during the Conduct Review Meeting. The CRO will inform the respondent that picture ID must be presented prior to the start of the meeting. Failure to produce ID will result in the meeting being rescheduled. If the respondent fails to produce ID a second time or fails to attend the rescheduled meeting, they will forfeit their right to a Conduct Review Meeting and have accepted responsibility for the violation(s). The CRO will then determine sanctions.
The respondent may ask for a postponement of a scheduled meeting by setting forth good cause in writing. Except in emergency situations, the Dean of Student Success or the CRO must receive the written request for postponement before the scheduled meeting for the postponement to be considered. The CRO may grant the request based upon good cause being shown in the CRO’s sole discretion.
A Conduct Review Meeting will be the default method of hearing conduct cases. Upon receipt of the letter via Delta College email notifying a respondent of the Conduct Review Meeting and the charges to be discussed, the respondent may request a Student Conduct Board Review Board hearing in lieu of a Conduct Review Meeting with a singular Conduct Review Officer.
During the Conduct Review Meeting, the CRO will review the charges and events leading to the charges, the specific area(s) of the Code of Conduct allegedly violated and present a summary of the evidence in support of the charges. The respondent will be allowed to present evidence on their behalf, including written statements from any witnesses. The respondent may have an advisor of their choice from within the College community; however, the respondent is responsible for presenting their own case. Advisors are not permitted to speak or participate directly in any hearing. If the respondent is under 18, they may have one parent present. The parent is not permitted to speak or participate directly in any hearing.
If the respondent presents new, pertinent information that warrants additional investigation, the Conduct Review Meeting will be recessed. The CRO will schedule a continuation of the Conduct Review Meeting after completion of a supplemental investigation to address the newly presented information.
The respondent will accept or deny responsibility at the conclusion of the Conduct Review Meeting. If the respondent accepts responsibility, the meeting will be concluded. The CRO will review all case-related materials and determine any sanctions or other corrective action to be issued in writing to the respondent. The complainant will be notified of the outcome excluding the specific sanctions or corrective action and will only be informed that sanctions or corrective action(s) were issued. If the respondent denies responsibility, the CRO will make a determination in the case based on the information and evidence available.
Student Conduct Review Board
The Dean of Student Success chairs the Student Conduct Review Board. The Board will consist of one student, two faculty members, two administrative professional staff, and one support staff representative. The Dean of Student Success or their designee will train as board members five representatives from each of these groups.
Within eight (8) school days prior to the formal hearing, the Board Chair will send notice via email of the formal hearing to the respondent’s official Delta College email address.
Notice of hearing
The notice of a formal hearing shall contain the following:
- A complete and itemized statement of the charge(s) being brought against the respondent; including the specific Code of Conduct they allegedly violated
- A summary of the evidence in support of the charges against the respondent
- The date, time and location of the hearing
- A statement that the respondent has the following rights
- To present their recollection of events
- To present relevant witnesses and evidence on their behalf. Character references shall not be heard
- To respond to any witnesses presenting evidence against the respondent
- To remain silent if the alleged violation could result in criminal proceedings
- A warning that anything the respondent says may be used against them in other civil or criminal (if applicable) proceedings from the complainant, or other matters.
If a student fails to appear at a scheduled formal hearing, the Conduct Review Board will make a ruling based upon the evidence presented and recommend sanction(s) appropriate to the offense, or dismiss the matter without sanctions as appropriate, and the student will be informed in writing of the Conduct Review Board’s decision.
The following procedures shall apply to the hearing.
- All Student Conduct Review Board Hearings will be audio recorded. Audio recordings will not be made public, except when legally required, but may be used in making a determination on an appeal. The Conduct Review Board shall not purge the recording until the appeal process has expired or concluded. The Conduct Review Board Chair, the Dean of Student Success (if not the Chair) or their designee shall safely maintain the recording.
- Student Conduct Review Board Hearings are closed, which means only the respondent, complainant(s), witnesses, advisors and Student Conduct Review Board members are in attendance, unless the student is under 18 years of age in which case the student may have one parent present. The parent is not permitted to speak or participate directly in any hearing.
- At the start of the hearing, the Chair will read the name, date, and time of the hearing, and the names and composition of the members of the Review Board into the audio recording. The Chair shall read into the record and to the respondent the charges, the specific Code of Conduct allegedly violated, a summary of the evidence in support of the charges,the respondent’s rights and the hearing procedures.
- The Chair shall ask the respondent to plead responsible or not responsible. If the respondent pleads responsible, they shall be given an opportunity to explain their actions. If the respondent pleads not responsible, the hearing shall proceed. The respondent shall be allowed to present an opening statement, if they desire. Thereafter, the respondent will be allowed to present any relevant facts and witness statements and to respond to any witness statements in support of the complainant. The Chair of the Review Board shall also determine at the start of the hearing if there are any undisputed facts of the case. If the parties can agree to any undisputed facts, the Chair of the Review Board or their designee shall audio and in writing record those facts. The Chair may also ask the parties to identify any disputed facts and audio and in writing record those as well.
- The role of the Student Conduct Review Board consists of listening to the testimony, asking questions of the witness(es) and reviewing the testimony and the evidence presented by the respondent, complainant, witness(es) and/or CRO. The Student Conduct Review Board shall render a decision as to the existence of a violation of the Student Code of Conduct.
- After all proofs and final statements are presented, the hearing will be adjourned.
The Student Conduct Review Board will deliberate in unrecorded, closed session. A
decision shall be made by majority vote and shall be based solely on the testimony
and evidence presented at the hearing and the papers filed by the respondent, complainant,
witness(es) and/or CRO. If the respondent is found responsible for a
violation of the Code of Conduct, the decision of the Student Conduct Review Board will include a sanction and/or corrective action.
- No alleged violation of the Student Code of Conduct will be found except by establishing a violation by a preponderance of the evidence, which is defined as the proof need only show that the facts are more likely than not.
- The Chair will notify the respondent and appropriate College personnel, in writing, of the decision and imposed sanction(s) or other corrective action(s) within five (5) working days by certified mail.
- Witnesses expected to testify shall not be present during the testimony of any other witnesses. This rule does not apply to the complainant or the respondent.
- Any person who disrupts a hearing or who fails to adhere to the rulings of the Student Conduct Review Board may be excluded from the proceedings and may be charged with a violation of the Student Code of Conduct.
- A disciplinary hold will be placed on the records of any respondent who withdraws from the College prior to the resolution of impending disciplinary action.