1. Allegations and Hearings
   1. Written allegations of misconduct may be filed against any student by any member of the campus community. Allegations shall be directed to the Vice President of Student Services or an assigned judicial officer. The complaint shall state the specific facts that form the basis for the allegation, as well as the identities of any other witnesses and the location of any physical evidence of the misconduct. Allegations must be signed by the complainant. Any allegation should be submitted as soon as possible (no later than fourteen days after the event takes place). The Vice President of Student Services may accept allegations submitted after the deadline upon finding a reasonable basis for the delay.
   2. In cases in which a faculty member raises allegations of disruption or obstruction of teaching the faculty member may suspend the student from class prior to the submission of written allegations.
   3. In cases in which a faculty member raises allegations of academic misconduct, the written allegation shall contain specific details of the alleged violation and include a recommendation in regard to disciplinary sanctions.
   4. The judicial officer shall determine if the allegations have merit and whether the incident sufficiently affects institutional interest to warrant further proceedings.
   5. If the judicial officer determines that the allegations have merit, the officer shall next determine whether they can be disposed of by mutual consent of the parties involved. Informal disposition by mutual consent shall be final and there shall be no subsequent proceedings.
   6. All allegations shall be presented to the student charged in written form and shall identify each section of the Code of Conduct under which allegations are brought; the evidence that support the allegations and those persons whose testimony shall be used to establish the allegations.
   7. A time shall be set for a hearing not less than five nor more than fifteen calendar days after the student has been notified. The minimum time limits may be waived by the party charged. Maximum time limits for scheduling of hearings may be extended at the discretion of the judicial officer.
   8. Hearings shall be conducted by a judicial officer according to the following guidelines:
      1. Upon consultation with the Vice President of Student Services, the judicial officer may decide to conduct the hearings alone or to select a judicial body made up of members of the college community to assist in the hearings.
      2. Hearings shall be conducted in private and will remain confidential.
      3. The judicial officer shall have the power to exclude from the hearings any person whose conduct interferes with the hearings.
      4. In hearings involving more than one accused student, the judicial officer may permit the hearings concerning each student to be conducted separately.
      5. The complainant and the accused student have the right to be assisted by an advisor of their choice, at their own expense. The advisor may be a faculty member, staff member, student, attorney or family member. The complainant and the accused student are responsible for presenting their own cases, and, therefore, advisors are not permitted to speak or to participate directly in any hearing before the judicial officer without the prior approval of the judicial officer.
      6. The accused student, the complainant, and the judicial officer shall have the privilege of presenting witnesses, subject to the right of cross examination. Witnesses may only be present during the hearing while testifying.
      7. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by the judicial officer.
      8. All procedural questions are subject to the final decision of the judicial officer.
      9. After the hearing, the judicial officer shall determine whether the student has violated each section of the Student Code which the student is charged with violating.
      10. The judicial officer's determination shall be made on the basis of a preponderance of the evidence that the accused student violated the Student Code.
      11. The fact that a student acted while under the influence of alcohol, marijuana or an illegal controlled substance shall not be considered a mitigating factor.
      12. Intoxication may be considered an aggravating factor, and it shall be so considered where the student has a history of prior violations of alcohol or controlled substance regulations.
      13. The judicial officer shall prepare written findings to support the determination. These shall include:
          1. Concise statements of each factual finding;
          2. Brief explanations of whether the factual findings justify a conclusion that the conduct violated the Code; and
          3. Recommendations concerning appropriate sanctions.
      14. If the judicial officer prepares recommended sanctions, these shall be forwarded, together with the other findings and conclusions, to the Vice President of Student Services who may adopt or reject the recommended sanctions.
          1. If the findings, conclusions, or recommended sanctions are rejected, the Vice President of Student Services shall impose appropriate sanctions, or take such other action as deemed necessary, and provide the judicial body with written explanation for this action.
          2. The Vice President of Student Services shall determine the effective date of any sanctions imposed.
      15. The approved written findings and conclusions and sanctions, if any, shall be provided to the complainant and to the accused student.
      16. There shall be a single verbatim record of all formal hearings before a judicial officer. The record shall be the property of the institution.
          1. The record and its contents shall be held in confidence and may be used solely for purposes of appeal.
          2. In the event of an appeal, the complainant and the accused student shall be given access to the record for purposes of preparing the appeal. Access shall be provided at such places and times as the Vice President of Student Services may direct.
2. Sanctions
   1. In each case in which a judicial officer determines that a student has violated the institutional Student Code, the sanctions shall be determined and imposed by the judicial officer. The following sanctions may be imposed upon any student found to have violated the institutional Student Code:
      1. Warning-- A disciplinary notice in writing to the student that the student is violating or has violated institutional regulations.
      2. Censure-- A written reprimand for violation of specified regulations.
      3. Probation-- Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.
      4. Loss of Privileges-- Denial of specified privileges for a designated period of time.
      5. Fines-- Previously established and published fines may be imposed.
      6. Restitution-- Compensation for loss, damage or injury. This may take the form of appropriate service or monetary or material replacement.
      7. Discretionary Sanctions-- Work assignments, service to the institution or other related assignments.
      8. Residence Suspension-- Separation of the student from residence facilities for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
      9. Residence Expulsion-- Permanent separation of the student from residence facilities.
      10. Suspension-- Separation of the student from the institution for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
      11. Expulsion-- Mandatory separation of the student from the institution for a period of no less than six years.
      12. The privileges of continued participation in institutional activities, access to institutional facilities or residences may be conditioned upon participation in or completion of counseling, substance abuse or comparable programs, at the student's expense.
      13. More than one of the sanctions listed above may be imposed for any single violation.
      14. Imposition of a sanction may be delayed, suspended, or held in abeyance on such conditions as the judicial officer may prescribe.
   2. The following sanctions are mandated for Student Code violations:
      1. Threats, intimidation, or acts of violence against employees, students, or visitors on Northeast Community College property will not be ignored, condoned, or tolerated.  (Northeast Community College Personnel Code 4107, Item 8839). Discipline for acts of aggression, sex offenses, or harassment shall be subject to the following conditions:
         1. Discipline on the first occasion may include expulsion, where appropriate, given the nature of the act of aggression, sex offense, or harassment; and
         2. If there is a second occurrence of an infraction of the same nature at any time during the student's career, expulsion shall be mandatory.
      2. Persons who make bomb threats or who aid or abet their making shall be expelled. Additionally, they shall be required to pay restitution to the institution for all direct and indirect expenses incurred as a result of the threat or threats.
      3. Infractions of alcohol and controlled substances regulations shall be subject to the following conditions:
         1. Discipline for the initial infraction shall include a $75 fine, ten hours of campus community service, disciplinary probation, and possible substance abuse assessment at the student's expense.
         2. If, at any time during their enrollment, students commit a second offense under the alcohol and controlled substances policy, they shall be fined $150, assigned 20 hours of campus community service, and placed on disciplinary probation.
         3. If at any time during their enrollment students commit a third alcohol or controlled substances offense, they shall be suspended for one semester. The three foregoing sanctions are minimum sanctions. The reference to them does not preclude the College from imposing more severe sanctions at any level, including expulsion, where the facts and circumstances of the infraction warrant such action. Where an infraction of Board alcohol or controlled substances policies appears also to constitute a criminal offense under Nebraska or federal law, the College may refer the matter to law enforcement authorities. Where the facts suggest a felony offense, such referral shall be mandatory. Referral of a matter to law enforcement authorities shall not require suspension of disciplinary proceedings nor delay imposition of discipline.
      4. Loss of all privileges, including institutional recognition, for a specified period of time may be imposed upon groups or organizations.
3. Interim Suspension

   In certain circumstances, the Vice President of Student Services or a designee, may impose an institutional or residence suspension prior to the hearing before a judicial officer.

   1. Interim suspension may be imposed only for one or more of the following purposes:
      1. To ensure the safety and well-being of members of the campus community or preservation of institutional property or other property located on premises controlled by the institution;
      2. To ensure a student's own physical or emotional safety and well-being; or
      3. To ensure the normal operations of the institution where a student poses a definite threat of disruption of or interference with the normal operations of the institution.
   2. During the interim suspension, students shall be denied access to residence facilities or to the campus (including classes) or all other institutional activities or privileges, for which the student might otherwise be eligible, as the Vice President of Student Services may determine to be appropriate.
   
   
4. Record of Sanction

   Disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's confidential record. Where restitution is required of a student, the institution reserves the right to disclose all material portions of the confidential file as may be necessary to obtain a judgment in a court of competent jurisdiction.

   
   
5. Appeals
   1. A decision reached or a sanction imposed by the judicial officer may be appealed by the accused student or complainant to an appellate board of the institution within seven (7) calendar days, exclusive of holidays, after notice of the decision is sent. Such appeals shall be in writing and shall be delivered to the judicial officer.
   2. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
      1. To determine whether the original hearing was conducted fairly in light of the allegations and evidence presented, and nonconformity with prescribed procedures;
      2. To determine whether the facts in the case were sufficient to establish that violations of the Student Code occurred; or
      3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
   3. An appeal may request consideration of new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing where such evidence or facts were not known to the person appealing at the time of the original hearing. The burden is on the party making the appeal to establish such fact or knowledge was not known at the time of the original hearing.
   4. If an appeal is upheld by the appellate board, the matter shall be remanded to the original judicial officer for reopening of the hearing to allow reconsideration of the original determination and/or sanctions.
   5. In cases involving appeals by students accused of violating the Student Code, review of the sanction by the appellate board may not result in more severe sanctions for the accused student.
   6. A party aggrieved by a decision of the appellate board may petition the Board of Governors for review. Such a review shall be discretionary with the Board. If the Board grants the petition for review, it may limit the scope of its review as it deems appropriate.

More Information

Student Services
(402) 844-7272