DCB Student Handbook 2023-2024

39 | P a g e D C B S t u d e n t H a n d b o o k committee or ask questions or participate directly in the proceedings except at the discretion of the chair. The complainant and the accused are responsible for presenting their own case. Pursuit to new provisions in the North Dakota Century code, cases which involve suspension or expulsion from DCB (not from the residence halls, but school itself), the accused is entitled to an advisor (attorney) who may address the committee, ask questions, and participate in the proceedings. This representative will be provided at the accuser’s expense. The choice to have representation will not delay the proceedings of the Student Conduct Committee. 5. All procedural questions are subject to a decision by the chair of the committee. The chair also has authority to take whatever action is required to see that the process is conducted in an orderly fashion and that resolution of a complaint is not impeded by excessive procedures. Any person who disrupts a hearing or fails to adhere to the rulings of the chair may be excluded from the proceedings. Also, the deviation from prescribed procedure during a hearing, or at any other juncture in the judicial process, will not prevent the outcome, unless in the judgment of the chair, significant prejudice has been caused to any party. 6. The standard of proof is that it is more likely than not that a violation has occurred. The burden of proof will rest upon the party attempting to prove a violation of the conduct policy has occurred. 7. A record of the hearing may be transcribed or recorded at the discretion of the chair. The record will not include the deliberations of the committee in which the determination is made that a student is more likely than not to have violated college policy. The record is the property of the College. 8. Except in the case of a student charged with failing to obey the summons of a judicial body or college official, no student may be found to have violated the student conduct code solely because he or she failed to appear before the Committee. Also, those accused of violating the student conduct code, and witnesses at a hearing, should not be compelled to incriminate themselves by being forced to testify. 9. The Committee will consider the case in private and deliver a written decision to the accused. Their decision will be made within seven school days of the hearing. The Committee shall decide by majority consensus if a student has violated a section(s) of the conduct code. The Committee will also decide which sanction will be imposed upon a student. Miscellaneous Judicial committees and hearing boards will be comprised of impartial decision makers who have no conflict of interest in a case. However, it is recognized that on a small campus such as Dakota College at Bottineau, it will be difficult to assemble a group of people who have not heard hearsay conversations about the case or know the individuals involved. Disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of the student conduct code. Proceedings under this code may be carried out prior to, simultaneously with, or following court or criminal proceedings off-campus. Dakota College at Bottineau will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus. Student Conduct Appeals Committee The Student Conduct Appeals Committee will consist of three student appointed by the President of the Student Senate, three faculty members appointed by the President of the Faculty Senate, and one member of the College administration appointed by the campus dean. The appropriate associate dean or designee may be on the Committee in a nonvoting, advisory role. 1. A decision reached by the Student Conduct Committee or a hearing officer may be appealed to the Student Conduct Appeals Committee within five school days of the decision. The appeal must be in writing, stating the reason for the appeal, and delivered to the Student Services Office. 2. An appeal is limited to a review of the record of the initial hearing and of any documents or evidence, for one or more of the following purposes: a. To determine if the original hearing was conducted fairly, b. To determine if the decision reached regarding the accused student was based on substantial evidence, c. To determine if sanction(s) imposed were appropriate, d. To consider new evidence sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence or facts were not known to the person appealing at the time of the original hearing. 3. After reviewing the matter, the Student Conduct Appeals Committee may: a. Deny the appeal and uphold the decision b. Resolve the matter by discussing the case with as many individuals as they deem necessary