DACC Catalog - Dona Ana Community College - New Mexico State ...

118 Doña Ana Community College3.3.3-C2 The appeal must include the name of the individual makingthe appeal, the action that is being appealed, the date the action tookplace, and the grounds for appeal. Appeals must be made on the basisof one or more of the following grounds:3.3.3-C2.1 Procedural or prejudicial error was committed.3.3.3.C2.2 The finding of facts contained in the decision includedinaccurate information.3.3.3-C2.3 Specific evidence presented at the hearing is objectionable.Reason for the objection must be stated, i.e., whyevidence should not be considered.3.3.3-C2.4 Evidence not offered during the hearing is now available.Reason why evidence was not offered during the hearingmust be stated.3.3.3-C2.5 The sanction imposed is excessive or inappropriate.Reasons for believing this must be stated.3.3.3-C3 If warranted, the Vice-President for Academic Affairsshall convene the Academic Appeals Board to solicit its recommendationbefore making a decision.3.3.3-D The highest level of appeal for academic misconduct is theVice-President for Academic Affairs whose decision is final.3.3.4 Academic Appeals Board Procedures3.3.4-A If a decision is made to seek a recommendation from the AcademicAppeals Board, the Vice President for Academic Affairs, or a designee, shallassemble case materials for the Board which will normally meet withinthree (3) weeks.3.3.4-B The Vice-President for Academic Affairs, or a designee, will informall parties of procedures to be followed.4 NONACADEMIC MISCONDUCT—ALL STUDENTS4.1 Persons and/or groups involved in Nonacademic Discipline Cases4.1.1 Vice-President for Student Services—The Vice-President for Student Serviceswill dispose of any nonacademic violations referred by other CommunityCollege officials, and also has responsibility for maintaining all student recordsrelating to both academic and nonacademic student misconduct. Within thiscapacity, the Vice-President for Student Services acts as a resource person foradministrators, faculty, staff, and students to promote consistency throughoutthe NMSU-DACC community in adjudicating cases of student misconduct.4.1.2 College Discipline Committee—The College Discipline Committeehears nonacademic appeals referred to it by the Vice-President for StudentServices. The committee shall be composed of five (5) staff and faculty membersappointed by the Vice-President for Student Services and two (2) studentsappointed by the Vice-President for Student Services from a pool of namesrecommended by the Associated Students of Doña Ana Community College.Three (3) staff and/or faculty members (including one [1] co-chair) and two (2)student members will be required to be present at each hearing. The two (2)staff or faculty members having seniority on the committee will serve as cochairpersons.A hearing by the College Discipline Committee is an informalprocedure at which information is presented in an orderly manner so that theHearing Committee can reach a fair decision. The Chairperson of the HearingCommittee is in charge of the proceedings at all times, and rulings by the Chairare final. The Chair may remove persons, including the appellant’s advisor, ifthat person does not conform to Committee rules and procedures. Complaintsregarding persons reported to not be in compliance with hearing proceedingswill be filed with the Vice-President for Student Services. It is each studentappellant’s responsibility to represent him-/herself in this informal procedure.The student may elect to have an advisor present whose role is solely to advisethe student appellant. Advisors may not actively participate (e.g., question,defend, or directly respond to any information presented) in the hearing. Moredetailed “Rules and Procedures for the College Discipline Committee” may beobtained from the Vice-President for Student Services. All College DisciplinaryCommittee meetings are closed to the public.4.1.3 President of Doña Ana Community College—Should the decision of theCollege Discipline Committee be appealed, the appeal must be submitted inwriting to the Vice-President for Student Services, or a designee, within three(3) working days after receipt of the decision made by the College DisciplineCommittee. The Vice-President for Student Services will compile and submitall relevant case records to the President of Doña Ana Community College ora designee. Upon receipt of all information, the President of Doña Ana CommunityCollege, or a designee, will have three (3) working days to review andrender a decision. The decision of the President of DACC or the president’sdesignee is final and will be reported to all parties concerned.4.2 Nonacademic Misconduct—The following list constitutes violations for whichstudents and student organizations are subject to disciplinary action. This list isnot designed to be all inclusive, but offers examples of the types of prohibitedconduct:4.2.1 Actual or threatened physical injury to any person (including self) onNMSU-DACC-owned or -controlled property or at an NMSU-DACC sponsoredor supervised function, or conduct that endangers the health or safety of a person.4.2.2 Engaging in individual or group conduct that is violent (including sexualmisconduct, attempted suicide, or threats of either), abusive, indecent, unreasonablyloud, or similar disorderly conduct that infringes upon the privacy,rights, or privileges of others or disturbs the peace or the orderly process ofeducation on campus.4.2.3 Unauthorized use, possession, or storage of any weapon or explosive(including fireworks) on NMSU-DACC premises or at NMSU-DACC sponsoredactivities.4.2.4 Forgery, counterfeiting, alterations, or misuse of any NMSU-DACC record,document, or identification card of a nonacademic nature (e.g., housingapplications or parking permits).4.2.5 Unauthorized entry into, or alteration of, any NMSU-DACC computerrecords, or violation of Computer Center policies.4.2.6 Reporting the presence of a fire, bomb, or explosive or incendiarydevice on NMSU-DACC property without good reason to believe the factsreported are true.4.2.7 Unlawful possession, use, distribution, or sale of any narcotic or dangerousdrug as defined by the statutes of the State of New Mexico.4.2.8 Theft of, or unwarranted damage to, NMSU-DACC property or theproperty of any member of the NMSU-DACC community.4.2.9 Failure to comply with Housing regulations.4.2.10 Failure to comply with the lawful directives of NMSU-DACC employeesacting within the scope of their duties, including those directives issued by anNMSU-DACC administrator to ensure the safety and well-being of students(refer to Student Special Care Policy).4.2.11 Entry into, or use of, any NMSU-DACC building, facility, room, orother NMSU-DACC property or grounds without authorized approval. Thisalso includes the unauthorized possession or use of NMSU-DACC keys, lockcombinations, or other access codes.4.2.12 Participation in illegal gambling activities on NMSU-DACC-owned or-controlled property or at a function identified with NMSU-DACC.4.2.13 Possession or consumption of alcoholic beverages in contradiction ofstate law and/or NMSU-DACC policy.4.2.14 Entering or attempting to enter any athletic contest, dance, socialevent, or other event without proper credentials for admission (e.g., ticket,identification card, or invitation).4.2.15 Failure to make satisfactory settlement for any debts owed to NMSU-DACC.4.2.16 Failure to comply with University traffic rules and regulations.4.3 Nonacademic Discipline Process—All alleged violations of nonacademicrules and regulations contained herein will be referred to the Vice-Presidentfor Student Services or other Hearing Officers (as appropriate). The followingprocedures will apply:4.3.1 The Hearing Officer may consider any documentation submitted,including but not limited to Police or other NMSU-DACC reports, and maychoose to interview persons who might have information relevant to the case.The student or organization accused of violating the Code of Conduct is responsiblefor providing any information that would be helpful in supporting afinding of Not Responsible for the alleged violation. The Hearing Officer willmake a reasonable attempt to obtain all relevant information. As a result of aninvestigation and/or conference with a student or organization representative,one of the following actions may be taken:4.3.1-A The allegation may be dismissed as unfounded;4.3.1-B The allegation may be dismissed for lack of preponderance ofthe evidence;