Student Conduct Process

 

Filing a Complaint

 

Anyone can report any instances of Dating Violence, Domestic Violence, Sexual Assault and Stalking, as well as other crimes or violations of the Student Code of Conduct, to Student Affairs in Walkingstick Building, 405-382-9272, or to the campus police 405-382-9500. A complaint should be filed as soon as possible, preferably within 180 calendar days of the incident. A complaint can be filed by email, phone call, incident report, or in person.  Forms can be obtained from the Seminole State College Police Department, residence hall Resident Assistants, Residence Hall Manager, or Coordinator of Residence Life.

 

If either the victim or the respondent are students, the incident will be addressed through the Student Conduct process once a complaint is filed.

 

The college strongly encourages individuals to report any instance of sexual harassment and sexual violence to the police.

 

Once You Have Filed a Complaint with Student Conduct

 

We want you to be knowledgeable about the process that occurs once a complaint with Student Conduct is filed. The following describes the investigation process, the hearing and the outcome of the hearing. Student Conduct will be available to explain the process as requested. The Student Conduct process will be prompt, fair, and impartial. This means the process will be completed within a reasonable timeframe as designated below and without undue delay. The process will be conducted in a manner that is consistent with the college’s policies and will be transparent to all parties. Lastly, the Student Conduct process will be conducted by officials who do not have conflict of interest or bias for the complainant or respondent.

 

Investigation

 

  1. You will be notified of receipt of your complaint and the actions the college official will take.
  2. A college official will meet with you to discuss the complaint submitted, review the investigation and hearing process, and determine the outcome you desire from your complaint.
  3. An investigation will be conducted by a non-biased Title IX Investigator or other personnel if non-Title IX related. This investigation will include:
    • meeting personally with the complainant,
    • meeting personally with the student(s) accused,
    • meeting personally with any witnesses, and
    • reviewing any documentary evidence.
  4. The investigation of complaints will be adequate, reliable and impartial. The Title IX Investigator will compile an investigation report.
  5. The investigation process can take up to 60 days. If at any point either party would like an update of the investigation process all they need to do is ask and an update will be provided.
  6. The college official will determine if a conduct hearing is possible based on the available information.
  7. If it is determined that the college will proceed with a formal conduct hearing, the complainant and the responding student(s) will be notified of the hearing date.

 

Hearing

 

  1. The Vice President for Student Affairs will serve as the campus disciplinary officer.  The VPSA may conduct the hearing personally or may, appoint an independent hearing officer or panel to hear the case.
  2. Hearing notification will occur at least five days in advance and include the hearing date, time and location. Hearings will be scheduled around academic schedules.
  3. Allegations of sexual misconduct and sexual harassment will be heard by the Conduct Hearing Panel which is comprised a faculty member, a staff member and a student.
  4. The hearing includes opening statements, presentation of the investigation report, information about the incident, presentation of information by witnesses, and closing statements.
  5. Each party is permitted to have a person of their choosing to accompany them throughout the hearing as an advisor.
  6. The accused student’s advisor may counsel the student, but may not speak on behalf of the student or address the panel.  If a student chooses to have an advisor present, the student must notify the VPSA in writing of the name, address and telephone number of the advisor three days prior to the scheduled date of the hearing. 
  7. All parties are permitted to be present during the hearing (except during deliberations of the panel). All parties can be in the same room in a pre-arranged, non-threating set-up or in separate rooms with a video conference set up.
  8. All parties are permitted to make statements, present witnesses and information during the hearing. Witnesses and information need to be directly related to the incident.
  9. A preponderance of the evidence is used in the evaluation of student disciplinary cases. The criminal law burden of “beyond a reasonable doubt” is not applicable to the designated procedures.  Should charges against the student also constitute violations of criminal law, the findings of a disciplinary panel of the college should not be viewed as meeting the standards of a criminal proceeding.  In questions of disputed issues of credibility, the college disciplinary officer, or panel, is charged with making the final decision on the basis of rational evaluation of the evidence.

 

Outcome

 

  1. Possible outcomes include the entire range of sanctions listed in the Student Code of Conduct. When it is determined that sexual misconduct is more likely than not to have occurred, the outcome can include separation from the college.
  2. You have the right to be informed of the outcome. You will be notified within two business days after the hearing, at the same time the respondent is informed of the outcome.
  3. You have the right to appeal the decision reached through the hearing proceedings within seven business days after the hearing.