Student Disciplinary Procedures
Procedures for the handling of student disciplinary matters are listed below. Faculty and staff members are reminded that it is their first responsibility to take such actions as are necessary to avoid or eliminate disruptive, aggravating, difficult, or dangerous situations. Argumentative and threatening statements shall not be made. No action should be taken which is prejudicial to the rights of the student or which may restrict the course of action that may later be taken by the college.
I. Reporting Incidents
A College of The Albemarle student who violates a college regulation or any other policy of College of The Albemarle as listed under Students Rights, Responsibilities, and Regulations in the college catalog and Policy and Procedure Manual is subject to disciplinary action. Any College of The Albemarle student, faculty, or administrator may submit a complaint against a student accused of infractions of rules applying to student behavior. The complaint should be written on an incident report form as soon as practical but no later than two college working days following the incident. Incident report forms are available on COA’s Groupwise Default Library, and from the Administrative Assistant, Student Development.
The incident report form must be submitted to the director or coordinator of the program in which the student is enrolled within two college working days of the incident. An incident not reported within two college working days may be investigated and disciplinary action taken with the permission of the appropriate Vice President or designee.
The incident report form must also be submitted to the following individuals or their designees:
For all Basic Skills students:
V.P. Business and Finance, Assoc. V.P. Basic Skills and Workforce Readiness, and Security.
For all Continuing Ed. students:
V.P. Business and Finance, V.P. Corporate and Continuing Education, and Security.
For all Curriculum students:
V.P. Business and Finance, V.P. Student Development, and Security.
For Dare County Campus students, a copy of the incident report form must also be submitted to the Dean, Dare County Campus.
For Edenton-Chowan Campus students, a copy of the incident report form must also be submitted to the Dean, Edenton-Chowan Campus.
On the Elizabeth City Campus, a duty counselor from the Student Development Division is assigned each day to investigate incidents involving curriculum students. The Administrative Assistant, Student Development, keeps a schedule of duty counselors.
The complainant shall submit an incident report form to include the name of the accused, the date and time of the incident, a specific description of the alleged behavior, witnesses to the incident, and the rules violated by the alleged behavior. The college official shall immediately schedule an appointment with the complainant. The college official will decide with the complainant if the complaint can be resolved by a discussion between the complainant, the accused, and the college official or whether the complaint should be forwarded to the Student Disciplinary Committee.
For complaints to be heard by the Student Disciplinary Committee, the complainant or the appropriate college official who received the complaint must notify in writing the Vice President who supervises the accused student’s program, or designee, of the complaint and request that the Student Disciplinary Committee be convened to hear the charges.
A. Reprimand: A COA student committing minor misconduct will be counseled and reprimanded by a college official. A copy of the incident report will be placed in a student discipline file to be kept in the following offices:
1. Office of the program director or coordinator of the program in which the student is enrolled;
2. Office of the Associate Vice President, Basic Skills and Workforce Readiness, for Basic Skills Students;
3. Office of the Vice President, Corporate and Continuing Education, for continuing education students;
4. Office of the Vice President, Student Development, for curriculum students; and
5. Security office
Also, a copy of the incident report will be given to the student as an official written notice that any subsequent offense against the Student Rights, Responsibilities, and Regulations policy will carry heavier penalties because of this prior infraction.
B. Conditional Status: A COA student who has received a reprimand and then violates a college regulation may be placed on conditional status. A student who violates a college regulation as listed under Students Rights, Responsibilities, and Regulations may be placed on conditional status without having previously received a reprimand. A faculty or staff member supervising the program and holding the title of director or program coordinator has authority to place a student on conditional status. Administrators supervising the director or program coordinator also have authority to place a student on conditional status.
A student placed on conditional status must be in a class or program in which he/she is currently enrolled in or studying in the library when on campus. He/she will be limited to one-half hour daily in the student center. Conditional status may include a restriction from an area or service a student has abused (e.g. computer access in the library) or from the college campus entirely. Conditional status may include other requirements such as specific academic, attendance, or behavioral standards.
The staff or faculty member placing the student on conditional status will notify the student in writing. Conditional status will remain in effect for no less than one month. Security guards will be notified of and will enforce the student’s conditional status. The appropriate Vice President, Dean, Program Director, Program Coordinator or their designee shall be notified as well.
If any of the conditions of conditional status are violated, the student who is placed on conditional status will be subject to more severe sanctions up to and including dismissal.
C. Restitution: A student who damages, misuses, destroys, or loses college property will be required to pay for the replacement of such property. An incident report will be completed and the fair market value of the property will be calculated. Students with an outstanding monetary balance may be barred from continuing their education at College of The Albemarle and from receiving transcripts. Other disciplinary procedures and criminal charges may be applied in addition to restitution.
D. Withdrawal from Class or Program: Responsibility for classroom control and discipline rests with the instructor. Instructors are not expected to tolerate the continued presence of any student whose behavior adversely affects the progress of a class. An instructor who believes it is necessary to withdraw a student because of a serious violation of college policy or other behavior which adversely influences the educational process should report the incident to the immediate supervisor. If both the supervisor and the instructor decide that removal of the student from the class or program is necessary, the student will be informed and a withdrawal form will be completed and processed.
The student may appeal a withdrawal to the next administrative level. If the student appeals to the next administrative level and is denied admittance back into the class or program, the faculty or staff member making this decision shall inform the student of the Disciplinary Appeals Procedures. The incident shall be reported to the appropriate Vice President who supervises the class or program.
E. Suspension: A COA student who commits an act of misconduct which threatens the health or well being of any member of the academic community or causes serious disruption at the college will be suspended from the college for no less than one semester. An incident report form shall be completed and submitted to the Vice President, Business and Finance; to Security; and to the appropriate Vice President, Associate Vice President, Program Director, Program Coordinator, and Dean supervising the program in which the student is enrolled.
The appropriate director, program coordinator, or one of his/her supervising administrators is responsible for investigating the incident and for implementing the suspension of a student from College of The Albemarle’s program under his/her respective purview. The student shall be notified of the suspension in writing immediately. Written notice shall be presented in person or by mail, providing the student with a list of the charges, the rules that were violated, the suspension decision, and Disciplinary Appeals Procedures. A student may be notified by phone of his/her suspension but written notice must also be given.
F. Dismissal: A COA student who engages in criminal actions, or serious or repeated violations of college policies will be dismissed immediately from the college for no less than one year. The student may also face criminal prosecution for violations of law. The Vice President, Associate Vice President, Program Director, Program Coordinator, or Dean supervising the program in which the student is enrolled or his/her designee is responsible for investigating the incident and for implementing the dismissal of a student from College of The Albemarle. The student shall be notified of the dismissal in writing immediately. Written notice shall be presented in person or by mail, providing the student with a list of the charges, the rules that were violated, the dismissal decision, and Disciplinary Appeals Procedures. A student may be notified by phone of his/her dismissal but written notice must also be given.
The above sanctions will be imposed by College of The Albemarle for infractions of college regulations or other college policies. Criminal charges may be filed for violations of state and federal law.
III. Disciplinary Appeals Procedures
A student may appeal his/her withdrawal, suspension, or dismissal to the Student Disciplinary Committee. This appeal must be made in writing to the Vice President or designee supervising the class or program from which the student was withdrawn, suspended, or dismissed. The written appeal must be delivered by 4:30 p.m. on the next college working day after the student’s notification of withdrawal, suspension, or dismissal.
The Vice President or designee will notify the Chairperson of the Student Disciplinary Committee to convene members of the committee to hear the student appeal. The hearing shall be held within two college working days following receipt of the appeal from the student except in unusual circumstances or with the consent of the student. The Student Disciplinary Committee members hearing the appeal shall not have initiated or been involved in the action(s) leading to the disciplinary action taken against the student or any administrative appeals by the student.
The purpose of the Student Disciplinary Committee is to hear appeals of disciplinary actions and to uphold, modify, or reverse a disciplinary action against a COA student. This committee may also conduct hearings to investigate charges against a student made by any COA student, faculty, or administrator of infractions of rules applying to student behavior; to judge the guilt or innocence of students so charged; and to decide upon actions to be taken against students judged to be guilty of rules violations.
The following process will be initiated after a written appeal is made or after a college official refers an incident to the Student Disciplinary Committee.
A. The committee Chair shall distribute copies of the appeal or complaint to committee members. For an appeal, the committee Chair will notify the college official who made the decision to implement the disciplinary action that a letter of appeal has been received. A copy of the incident report and documented investigative reports relevant to the case will be forwarded to the committee Chair. For a complaint, the committee Chair will hand deliver or mail a copy of the complaint to the accused student. The committee Chair will also notify the accused student by phone. The committee Chair will request a written response to those charges to be submitted prior to the scheduled hearing.
B. The committee Chair will notify committee members, the student making the appeal, or the complainant and the accused of the hearing date and time. No more than two college working days will elapse between the receipt of the complaint and the hearing except in unusual circumstances or with the consent of the student. The committee Chair must be notified, in advance, if any party is unable to appear at the scheduled meeting for a valid reason and the hearing will be re-scheduled.
C. If any party fails to appear at the scheduled hearing without valid reason, the committee may make its decision based upon any information received from parties or witnesses appearing at the hearing and/or the written documentation submitted prior to the hearing.
D. No member of the committee who has an interest in the case shall sit in judgment. A temporary replacement shall be appointed by the committee Chair except in the event of replacing the Student Government Association representative, whose replacement shall be appointed by the President of the Student Government Association.
E. The committee Chair shall preside over the hearing and shall establish procedures for the hearing including:
1. Determining who will be allowed to attend the hearing;
2. Deciding whether to allow any party to the proceeding to have a representative;
3. Establishing the order in which the sides shall present their information and establishing time
4. Reporting, or selecting a committee member to report, the committee’s decision; and
5. Making a recording of the hearing. This recording will be accessible only to the members of the
committee participating in the hearing, Vice Presidents and the President of the college.
F. The student making the appeal, or the accused and the complainant, will each present their own case and may call witnesses that have been approved prior to the hearing by the committee Chair.
G. Members of the committee shall have the right to call other persons to appear and to question anyone present.
H. Copies of the committee’s case summary shall be kept permanently in the following locations: committee Chair’s office; the appropriate college official’s office (Vice President, Student Development, for curriculum students; Associate Vice President, Basic Skills and Workforce Readiness, for basic skills education students; Vice President, Corporate and Continuing Education, for continuing education students; Dean, Dare County Campus, for students attending the Dare County Campus; or Dean, Edenton-Chowan Campus, for students attending the Edenton-Chowan Campus) to be retained in files separate from the student’s permanent academic files. A copy shall be mailed by certified mail to the student or hand delivered to the student with a staff member witnessing the act. The Vice President, Instruction, shall retain a copy of the committee’s case summary and the recording of the hearing.
I. An appeal of a decision by the Student Disciplinary Committee may be made by writing the President of the college within two college working days after the student has received notice of the decision of the committee.
The President shall consider the committee’s decision based on the severity of the infraction or incident; the evidence submitted at the hearing; and whether proper procedures were followed. The decision of the President is final.
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