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

2012-2013 Student Handbook 1194.3.1-C The student or organization representative may admit guilt anda sanction will be imposed; or4.3.1-D The Hearing Officer will determine guilt, based on clear preponderanceand convincing evidence, and a sanction will be imposed.4.3.2 A student or organization wishing to appeal the decision of the HearingOfficer may do so in writing to the next higher level of authority within thedisciplinary system. The accused must always be informed of the next level ofappeal by the Hearing Officer. An appeal by the accused must be presented inwriting no later than three (3) working days after notification of the decision.All appeals to the College Discipline Committee will be delivered to the Vice-President for Student Services. The final level of appeal for all nonacademicmisconduct is the President of Doña Ana Community College.4.4 Appeal Process—While all members of the college community have the right toappeal, a request for a hearing need not necessarily be granted. The followingpoints will apply in all cases of appeal:4.4.1 The appeal must be made in writing to the appropriate appellate personor body within the specified period of time.4.4.2 The appeal must include the name of the individual or organizationmaking the appeal, the action that is being appealed, the date the action tookplace, and the grounds for appeal. Appeals must be made on the basis of oneor more of the following grounds:4.4.2-A Procedural or prejudicial error was committed.4.4.2-B The finding of facts contained in the decision included inaccurateinformation.4.4.2-C Specific evidence presented at the hearing is objectionable.Reason for the objection must be stated, i.e., why evidence should notbe considered.4.4.2D Evidence not offered during the hearing is now available. Reasonwhy the evidence was not offered during the hearing must be stated.4.4.2-E The sanction imposed is excessive or inappropriate. Reasons forbelieving this must be stated.4.4.3 Upon review of an appeal, the appellate person or body may uphold,modify, or completely reverse the original decision. A written rationale willbe provided and should be in accordance with one or more of the conditionsdelineated in Item 4.4.2 noted above.4.4.4 The highest level of appeal for nonacademic misconduct is the Presidentof Doña Ana Community College, whose decision is final.5 ACADEMIC AND NONACADEMIC DISCIPLINARY ACTIONSAND SANCTIONS5.1 Sanctions Imposed upon Individual Students. The following list is not designedto be all inclusive, but offers examples of the more severe sanctions that maybe imposed upon an individual student for infraction of regulations.5.1.1 Written Warning—Written warning is a notice in writing to the studentthat they are in violation of, or have violated the Student Code of Conduct.5.1.2 Disciplinary Probation—Disciplinary Probation is a written reprimandfor violation of NMSU-DACC regulations or local, state, and/or federal laws.Students placed on disciplinary probation are deemed “not in good standing”with Doña Ana Community College. The duration of the probationary periodand conditions imposed shall be in proportion to the seriousness of the misconduct.Duration will be at least 30 days, but may be extended indefinitely.Depending on the circumstances and at the discretion of the Hearing Official(s),additional stipulations may be enforced. These additional stipulations may be,but are not limited to, withholding of transcript or degree; suspension of rightsand privileges; suspension of eligibility to participate in official extracurricularactivities; eviction from University-operated housing; restitution for damagesincurred by the College/University; referral for counseling and/or participationin an educational program. Students who are assigned to an educational programand do not attend may be charged an administrative fee in accordancewith policies developed by the Vice-President for Student Services. During theprobationary period, reported violations of the Code of Conduct or conditionsof the probation will result in further action. This action may include, but is notlimited to, extension of the probationary period, the addition of other restrictionsor conditions to the probationary agreement, suspension, dismissal, expulsion,and notation on the student’s transcript. Additionally, if a student should havea previous NMSU discipline record, it may be considered in determining appropriatesanctioning for any future Code of Conduct violations. A student mayreturn to a status of “in good standing” with Doña Ana Community College atthe conclusion of the probationary period, assuming all conditions have beensatisfied. A student who has been placed on indefinite disciplinary probationand/or whose probation has been indefinitely noted on the transcript maypetition to have the probation lifted and/or the notation removed from thetranscript. This petition will not be acceptable if submitted sooner than onecalendar year from the date the probation began. Students must petition theVice-President for Student Services who may choose to convene the CollegeDiscipline Committee to review the petition and make a recommendation. Thedecision of the Vice President for Student Services is final.5.1.3 Disciplinary Suspension—Disciplinary suspension is the disenrollmentof a student from Doña Ana Community College. Suspensions will last a minimumof one full semester. Students may re-enter DACC at the conclusion ofthe suspension only by consent of the Vice-President for Student Services incases of nonacademic misconduct, or the Vice-President for Academic Affairsin cases of academic misconduct. A permanent notation of a suspension willbe made on the student’s transcript.5.1.4 Dismissal—Dismissal is the disenrollment of a student for an indefiniteperiod of time. Students may not re-enter Doña Ana Community College for atleast one year, and then only by consent of the Vice-President for Student Servicesin cases of nonacademic misconduct, or the Vice President for AcademicAffairs in cases of academic misconduct. A permanent notation of dismissal isplaced on the student’s transcript.5.1.5 Expulsion—Expulsion is the disenrollment of a student whereby thestudent is not eligible for readmission to NMSU-DACC. A permanent notationof expulsion will be placed on the student’s transcript.5.2 Sanctions Imposed upon Student Organizations. The following are possiblesanctions that may be imposed upon a student organization for infraction ofregulations:5.2.1 Written Warning—Written warning is a notice in writing to the studentorganization that it is in violation or has violated the Student Code of Conduct.5.2.2 Disciplinary Probation—Disciplinary Probation is a written reprimandto a student organization for violations of NMSU-DACC regulations or local,state, and/or federal laws. Organizations placed on disciplinary probationare deemed “not in good standing” with NMSU-DACC. The duration of theprobationary period and conditions imposed shall be in proportion to theseriousness of the misconduct. Duration will be at least thirty (30) days, butmay be extended indefinitely. Depending on the circumstances, and at thediscretion of the Hearing Official(s), additional stipulations may be enforced.These additional stipulations may be, but are not limited to, suspension of rightsand privileges, suspension of eligibility to participate in official extracurricularactivities, termination of housing privileges on University premises, and restitutionfor damages incurred by the University. During the probationary period,reported violations of the Code of Conduct or conditions of the probation, willresult in further action. This action may include, but is not limited to, extensionof the probationary period, the addition of other restrictions or conditions tothe probationary agreement, or suspension or termination of NMSU-DACCrecognition. Additionally, if a student organization should have a previousNMSU discipline record, it may be considered in determining appropriatesanctioning for any future Code of Conduct violations. The organization mayreturn to the status of “in good standing” with NMSU-DACC at the conclusionof the probationary period, assuming all conditions have been satisfied, andupon gaining approval from the Vice President for Student Services.5.2.3 Suspension of NMSU-DACC Recognition—This sanction serves as notificationto the organization that its conduct is in violation of NMSU-DACCregulations, or local, state, and/or federal laws; and that its by-laws with theASDACC, along with all privileges afforded a recognized student organization,is being withdrawn for a specified period of time. The suspension will last aminimum of one full calendar year and will take effect immediately uponnotification. As with disciplinary probation, additional conditions may beattached and further disciplinary action may result if conditions are not met.Reinstatement of an organization’s by-laws can only be granted by the VicePresident for Student Services after the period of suspension when all conditionsof the suspension have been met.5.2.4 Termination of NMSU-DACC Recognition—This sanction serves asnotification to the organization that its conduct is in violation of NMSU-DACCregulations, or local, state, and/or federal laws, and that its by-laws with NMSU-DACC, along with all privileges afforded a recognized student organization, is