Middlesex County College - Disciplinary Procedures

DISCIPLINARY PROCEDURES

A. Complaints

1. Charges of violations of the Code of Student Conduct may be made by any member or guest of the College community, or by any representativeof any department or agency of the College.

2. Charges shall be in writing and shall be filed with the Office of the Vice President for Academic Affairs (hereafter Vice President). Upon such filing, the Vice President shall notify the dean in charge of that student of the charge.

3. The appropriate dean shall then investigate the alleged violation of the Code of Student Conduct. If he/she determines that there is no substance to the charge, he/she shall notify the Vice President and all charges shall be dropped. In the event that the dean determines that the charge warrants as a penalty only a warning, the dean will meet with the student to discuss the charge and issue the warning. The issuance of the warning terminates the complaint.

4. If the dean determines that there is sufficient evidence to warrant a penalty other than a warning, the dean will prepare and serve on the person charged a complaint setting forth the nature, time, and place ofthe violation charged. The complaint will be served on the person charged within 30 days of the filing of charges. Service of the complaint will be in person or by certified mail, return receipt requested, addressed to the person. The complaint will be accompanied with notification of the date, time and place of a hearing with the Vice President.
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B. Information Hearings

1. If students wish to plead guilty to the complaint and waive the right to a hearing, they may do so by signing a written waiver to this effect. The student will return the waiver to the dean who will make recommendation of disciplinary action to the Vice President who in turn will assign appropriate sanctions.

2. If students wish to plead innocent, an informal hearing will be held before the Vice President. At said hearing, the dean will present the charges and evidence supporting said charges. Students have the right to be present at the hearing, be informed of the evidence considered against them, have an opportunity to rebut it and to present evidence on their own behalf and have the assistance of an advisor of their choice.

3. If after said hearing the Vice President shall determine that either the student is innocent or that the violation committed by the student warrants as a penalty only a warning or censure, he/she shall, if applicable,assess said penalty and the matter shall be deemed closed.

4. If after said hearing the Vice President shall determine that the violation committed by the student warrants either probation, suspension,or the levying of a fine, he/she shall advise the student, who shall then have a period of 15 days to request a hearing before the Judicial Board.If the student does not request such a hearing within such time, the VicePresident shall determine the sanction and advise the student in writing of such sanction, or may refer the matter to the Judicial Board. If the student or Vice President requests such a hearing, the dean shall forward the reports and evidence concerning the case to the College Judicial Boardfor action. Thereafter, the dean will be concerned with presenting the charges to the Board and receiving the report of the finding of the Boardand aiding the student to comply with any punishment decreed by the Board.
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C. Judicial Board Hearings

1. The College Judicial Board shall then serve on the person charged notification of the date, time and place of the hearing before the Board,which date shall not be less than 10 days from the date of service. Service of the complaint shall be in person or by certified mail, return receipt requested, addressed to the person. A copy of this notification shall befiled in the Office of the Vice President and the respective division dean.In addition, the College Judicial Board shall instruct the dean to forwardto the student immediately a list of witnesses and a copy of their statements or complaints which the complainant intends to submit against him/her.

2. If after due notice of the complaint and the date of hearing, the student fails to appear, and the majority of the Judicial Board is satisfied that the student had appropriate notice of the complaint and date of the hearing and no valid excuse for not appearing, the Board may then holdthe hearing without the student present.

3. Decision in all cases shall be determined by a simple majority voteof the members present.

4. The Board shall follow the Rules Governing Procedures attached hereto.In addition, the Board may adopt any other procedural rules which are not inconsistent with these rules in order to assure a fair and impartial hearing.Within 15 days of the conclusion of the hearing, the College Judicial Board shall file a report containing findings of fact and conclusions as to the validity of the charges. The report along with recommendations of disciplinary action shall be filed with the Vice President. If the hearing was conducted in the absence of the individual charged, the report shall so indicate.
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D. Imposition of Sanctions

If the person charged is found guilty, the Vice President shall impose any sanction or sanctions. A report of findings and imposition of sanctions shall be forwarded to the respective division dean and served on the personcharged in person or by certified mail, return receipt requested, addressed to the person.
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E. Appeals

1. Within 30 days of the student's receipt of notice of the Board's disposition of the case and subsequent imposition of sanctions by the VicePresident, the student may appeal the decision to the President. Such notice shall be in writing and shall not be subject to any other formal requirements except to reasonably express his/her desire to appeal the decision. Upon receipt of such notice, the President shall advise the chairperson of the Board and the Vice President that such an appeal has been filed. They shall then make the record of the proceedings available to the President.

2. The President may give the appellant an opportunity to present his/her reasons for the appeal, and if in the President's discretion it is desirable,may hear from the dean, Vice President, and representatives from the Board.After hearing the student and such others as deemed appropriate, and considering the record of the Board, the President shall make the final decision and set the sanction.
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F. Administrative Suspension

Pending the completion of the hearing before the Board and the imposition of sanctions, the status within the College of the person charged shallnot be altered unless his/her continued presence on campus shall be found by the Vice President to constitute a serious threat to the college community or to the property of the college. Such findings shall be preceded by an appropriate hearing before the Vice President unless extraordinary circumstances preclude a hearing. In any case, the Vice President is authorized to suspend the person charged, and the temporary suspension is to remain in effectpending the completion of the hearing before the Board and final determination of the case.
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G. Pending Criminal Proceedings

On written motion of the person charged, filed in the Office of the Vice President any time before the hearing begins before the Board, the hearing before the Board shall be postponed until disposition at the trial court level of any pending criminal proceedings arising out of the same conduct, provided however that students who are convicted of a criminal offense arising out of the same conduct and are charged with the violation of a college rule shall be ineligible to register at the college in the semester following their conviction and thereafter unless and until the college charges against them have been heard and decided.
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