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2012 - 2013 catalog - Delta College

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4. The faculty/staff will notify his/her Division Chair or immediate<br />

supervisor in writing within twenty-four (24) hours of any removal<br />

from the class/campus area. The written report must include the<br />

student’s identity and the behavior that was considered to be<br />

disruptive and witnesses to the behavior. Sufficient detail must<br />

be provided to allow the Chair/Supervisor to assess whether or<br />

not the policy and this procedure was followed.<br />

5. Upon receipt of this notice, the Division Chair/Supervisor must<br />

immediately attempt to contact the student by phone, with a<br />

follow-up by e-mail, notifying him/her of the opportunity to<br />

explain the incident from the student’s point of view. In addition,<br />

this notice will include the date by which the student must<br />

respond back to the Division Chair/Supervisor (or designee) or<br />

else forfeit his/her right to appeal. Generally, the student will be<br />

given three (3) class* days to respond in person, by phone, or<br />

mail (postmarked).<br />

6. Within twenty-four (24) hours of the conclusion of the meeting<br />

to review the removal, the Chair/Supervisor will decide if the<br />

removal was justified. The Chair/Supervisor may find it necessary<br />

to consult with other <strong>College</strong> employees, students, or records for<br />

additional information upon which to base his/her decision. The<br />

Chair/Supervisor may support or deny the removal, or make<br />

other arrangements for the student.<br />

7. Expulsion from the college is an extraordinary remedy that must<br />

be approved by the Chair/Supervisor, the appropriate Dean, and<br />

either the Vice President of Instruction or the Vice President of<br />

Student and Educational Services.<br />

8. The decision will be conveyed to the student and the faculty/<br />

staff member who caused the removal as soon as possible, either<br />

in person or by phone or e-mail. A written confirmation of the<br />

decision will be sent to both the staff member and the student<br />

within three (3) class days.<br />

9. Within three (3) class days of the receipt of the written decision,<br />

the student or the faculty/staff member may appeal the decision<br />

in person, by phone, by e-mail or in writing to the appropriate<br />

decision maker (identified in the written decision) whose decision<br />

will be final.<br />

10. Each step of the process should proceed as quickly as possible,<br />

while maintaining fairness and objectivity.<br />

*For the purpose of this policy, class days include only Monday-Friday<br />

when <strong>Delta</strong> <strong>College</strong> classes are in session.<br />

Student Violation of <strong>College</strong> Rules and<br />

Regulations<br />

This process is to be used to file complaints involving violations of<br />

<strong>College</strong> rules or regulations by <strong>Delta</strong> <strong>College</strong> students. Every effort<br />

will be made to first resolve conflicts through informal discussion with<br />

the involved parties. If this fails, a written complaint may be filed as<br />

outlined below. In computing any time limits specified under these<br />

procedures, Saturdays, Sundays, official school closings, and holidays<br />

will be excluded. These time limits may be adjusted by written mutual<br />

consent of the parties concerned or by the Office of Vice President of<br />

Student and Educational Services based on mitigating circumstances.<br />

Both parties to the complaint have the right at all levels of this policy<br />

to present evidence and to question the evidence of the other. Both<br />

parties may have a <strong>College</strong> employee or <strong>College</strong> student who is not an<br />

attorney serve as their advisor or advocate during proceedings under<br />

this policy, and that advisor or advocate may take an active role in the<br />

proceedings. The Senate President will, in a manner consistent with<br />

the spirit of the Grievance policy, take all reasonable actions necessary<br />

to guarantee that all proceedings occur in a fair and objective manner.<br />

I. Complaint Filing<br />

A. A complaint alleging violations of a <strong>College</strong> rule and/or regulation<br />

may be filed in writing against any student through the Office of the<br />

Vice President of Student and Educational Services, or the Office of the<br />

Campus Department of Public Safety on a State of Michigan Standard<br />

Incident Report form. Complaints must be filed within 7 working<br />

days of the incident or within 7 working days of the date the violation<br />

becomes known. This report will then be forwarded to the Office of<br />

Vice President of Student and Educational Services for action.<br />

B. The Vice President of Student and Educational Services or designee<br />

will take one (1) of the following actions after consultation<br />

with the parties involved and undertaking other investigations<br />

that may be appropriate under the circumstances:<br />

1. Dismiss the complaint.<br />

2. Conduct an informal hearing and invoke a sanction if the<br />

alleged violation is admitted.<br />

3. Refer to a Case Review Officer selected from a list prepared<br />

by the first day of fall semester each year by the Office of the<br />

President. The Case Review Officer will be named within<br />

seven (7) working days of the receipt of the complaint.<br />

C. The action taken by the Office of Vice President of Student and<br />

Educational Services (or designee) will be communicated to the<br />

parties involved in writing.<br />

II. Case Review<br />

A. Purpose: To consider complaints referred by the Office of the Vice<br />

President of Student and Educational Services and to recommend<br />

appropriate action to be taken by the Office of the Vice President<br />

of Student and Educational Services.<br />

B. The Case Review Officer will conduct a case review, normally<br />

including discussion with all parties involved; prepare a written<br />

report; and recommend one of the following actions to be taken<br />

by the Office of the Vice President of Student and Educational<br />

Services:<br />

1. Dismiss the complaint.<br />

2. Invoke a specific sanction.<br />

3. Activate the Formal Hearing Panel.<br />

C. The Case Review Officer will make a recommendation within<br />

seven (7) working days of receiving the complaint.<br />

D. Action by the Office of the Vice President of Student and Educational<br />

Services shall be communicated to the parties involved<br />

in writing.<br />

E. Appeals to the recommendation of the Case Review Officer must<br />

be submitted to the Vice President of Student and Educational<br />

Services within seven (7) working days of receipt of the Case<br />

Review Officer’s recommendation. If the Vice President of<br />

Student and Educational Services cannot resolve the case to the<br />

satisfaction of the parties involved, he/she will activate a formal<br />

hearing panel.<br />

III. Formal Hearing Panel<br />

A. Members of the Formal Hearing Panel will serve for one (1) academic<br />

year (beginning the first day of the fall semester through the first day<br />

of the following fall semester) and include:<br />

1. A chairperson who has not previously ruled on the case,<br />

designated by the Office of the Vice President of Student and<br />

Educational Services. The chairperson may vote only to break<br />

a tie.<br />

2. Three (3) students - selected by the Student/Senate Liaison<br />

Committee.<br />

<strong>Delta</strong> <strong>College</strong> <strong>2012</strong>-<strong>2013</strong><br />

427

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