SECTION FKB.2

STUDENT
STUDENT RIGHTS AND RESPONSIBILITIES
STUDENT CONDUCT
DISCIPLINARY PROCEDURES AND SANCTIONS

Procedure

DISCIPLINARY PROCEDURES

All disciplinary sanctions fall under the leadership of the Executive Director of Student Services. When a student is confronted with a possible violation of rules requiring disciplinary action, the student will be given a notice, either oral or in print, directing him/her to appear before the discipline officer at a specified date and time. Failure to appear is a violation of the Student Code of Conduct and may result in further action. The discipline officer will determine the circumstances of an alleged violation by investigating the report of the violation and interviewing the implicated student(s) and other potentially involved parties including the complainant or reporting party.

If a student does not respond to the request for the initial or subsequent hearing(s), a decision determining responsibility may be based on the information that is currently available. If it is determined that no violation has occurred, or if there is an insufficient amount of evidence to meet the preponderance of evidence standard, the allegations will be dismissed. If it is determined that the preponderance of evidence standard is met, the student may be sanctioned.

Sanctioned students have the right to appeal the decision of the discipline officer. The student must submit their written appeal request by email to the Executive Director of Student Services no later than 5:00 p.m. within two business days.

Texas House Bill 449 (2019) adds Section 51.9364 to Chapter 51 of the Texas Education Code, requiring public and private institutions of higher education to include a "notation" on a student's transcript when "the student is ineligible to reenroll in the institution for a reason other than an academic or financial reason." This may encompass any conduct concern.

SANCTIONS

The Executive Director of Student Services, Residence Life team, or the discipline officer may impose misconduct sanctions. The following penalties may be imposed singularly or in combination upon individuals, groups or organizations and may be applied temporarily as interim safety measures:

Administer a verbal or written warning to the student.
Require the student attend counseling sessions.
Cancel residence hall contract and/or meal ticket.
Impose disciplinary probation for a definite period of time with the condition that future violations may result in disciplinary suspension.
Prohibit a student from representing the college, on or off campus, in any recognized college-sponsored event.
Withhold an official transcript or degree.
Prohibit readmission.
Require restitution, whether monetary or through specific duties, such as reimbursement for damage(s) to or misappropriation of college, student or employee property.
Designate a student ineligible for student grant, loan, or scholarship.
Expel or suspend a student from Navarro College. No student who has been removed for disciplinary reasons shall be permitted on the College campus during the period of expulsion or suspension without prior written approval from the Executive Director for Student Services.
Withdraw a student from all currently enrolled coursework without refund of tuition and fees. No student who has been withdrawn for disciplinary reasons shall be permitted on the College campus during the period in which the student is ineligible to return without prior written approval from the Executive Director for Student Services.
Educational discipline sanctions may include work assignments, essay writing, community service, behavioral contract, administrative referral, letter of apology, restitution, or other educational assignment.
Impose other sanctions as outlined in the departmental handbook for specific programs including but not limited to: fire/EMS, nursing and police academy departments.
Limit access to and/or prohibit students from certain areas of the campus.
Administer other sanctions as per the discretion of the Executive Director for Student Services.

Failure to meet the requirements of any notice by a college official may result in action being taken by the discipline officer apart from action for the alleged violation. Failure to appear is a violation of the Code of Conduct and may result in further sanctions and a hold will remain on the student’s enrollment pending student cooperation. Once informed of the allegations against the student, they may choose not to dispute and will be sanctioned appropriately. If the student chooses to dispute the allegations, the discipline officer will determine the circumstances of an alleged violation by investigating the facts and interviewing the implicated student and other potentially involved parties. If it is determined that no violation has occurred, or if there is insufficient evidence to meet the preponderance of evidence standard, the allegations will be dismissed. If it is determined that a violation has occurred, the student will be sanctioned appropriately. All discipline sanctions are approved by the Executive Director of Student Services. Sanctioned students have the right to appeal the decision of the discipline officer per the Disciplinary Appeal Procedures.

NOTE: In cases where a student receives a sanction of probation, suspension, or expulsion, a copy of the confirmation letter received by the student may be forwarded to the parent or guardian of the student in conjunction with the Buckley Amendment and in compliance with FERPA guidelines.

Additionally, state law mandates that the student’s transcript a) may be withheld pending investigation and b) include a notation regarding ineligibility to return due to disciplinary processes (e.g., withdrawal, suspension, expulsion) – TX HB 449 and 1735 (2019).

DUE PROCESS AND TIMEFRAME

Any student accused of violating the Code of Student Conduct should have the right to expect consistent and fair procedures for resolving their situation. Navarro College’s Office of Student Services provides oversight for all student discipline procedures as well as any judiciary appeal process. A reasonably prompt timeframe is maintained for all procedures and varies between one week and thirty days with extensions dependent on such factors as the number of witnesses or participants, the involvement of court or criminal proceedings, subsequent findings or additional incidents, and the nature and extent of such incident(s).

With a primary concern for student safety and from the start of the adjudication process and consistent with Title IX standards, both the complainant and the accused are provided protection against retaliatory harassment, may receive tentative immunity for concurrent lesser offenses, may file a criminal complaint against the other student, and may receive counseling as needed. Prior to an initial hearing, the completion of the adjudication process, or an appeals hearing, if it is decided that the accused student has behaved in a manner that significantly endangers the health and safety to the community college and/or the educational process, the student may be removed from housing and/or the campus until such times as a scheduled hearing is conducted.

Furthermore, all student conduct-based decisions may be appealed as stated in the following Disciplinary Appeal procedures.

DISCIPLINARY APPEAL PROCEDURES

After an original decision is rendered, the student shall be given a letter stating the charge(s), sanction(s), and the procedure if the student chooses to appeal.* If the student wishes to appeal the decision, the appeal must be received in writing by email to the Executive Director of Student Services no later than 5:00 p.m. within two business days. In a sexual harassment, sexual assault, or similar discrimination-related incident, both parties may receive a copy of the outcome letter and either party may choose to appeal and/or participate in the appeal process in accordance with the restrictions described here within this procedure.*

The Executive Director of Student Services may collect and review salient points related to the issue or he/she may appoint a Student Discipline Committee that serves as a recommending body.

A Student Discipline Committee shall be convened in cases where a disciplinary matter is deemed complex, sensitive, or requires a comprehensive evaluation of evidence. The Student Discipline committee shall be established for instances where the potentional consequences may include suspension, expulsion, termination, or other significant disciplinary actions. If a committee is convened, members will include three (3) staff and/or faculty members, one of whom will serve as chairperson, and two (2) students. The committee shall review evidence, hear testimonies if necessary, and deliberate to arrive at a fair and just decision.

If a Student Discipline Committee is not appointed, the Executive Director of Student Services may uphold, modify, or overturn the discipline officer's decision and will provide a response within 3 business days. If an appeals committee is appointed, the committee will review evidence, hold a hearing, and render a final decision to the Executive Director of Student Services in a reasonable and timely manner.

If the student is not satisfied with the decision provided by the Executive Director of Student Services, the student may appeal the judgment in writing to the Vice President of Student Success within 2 business days. The Vice President of Student Success will review the data, judgement rendered, if the administrative chain of command has adhered to Navarro College procedures and make his/her own inquiries. The Vice President of Student Success determines a final and binding decision and serves as the final step in the appeal process. Failure to comply with the applied sanctions pending the outcome of the disciplinary appeal may result in further sanctions.

The appeal procedure is a process, which takes place in a college setting, and serves as a community of individuals working together for the benefit of the student and the College environment. Within this framework, the institution embodies the laws of the nation and state but maintains the authority to govern itself. As such, it produces its own format for adjudicating differences, using the laws of the land as guidelines. These appeal procedures serve to provide due process in principle and fact. In practice, the procedures are not viewed or intended to be courts; rather, they are procedures with hearings to air differences and seek solutions within the expectations of the academic community.

In light of these principles, individuals may have witnesses for the committee or officer to interview. These witnesses should only be individuals that were present during the incident (as opposed to character references). In addition, if Navarro College utilizes an attorney to present the case, the student shall have similar right to utilize an attorney. If counsel is requested only by the student, the attorney’s purpose is only to serve as an advisor to the student (not to participate) at the hearing. Should the student plan to have an attorney present, the institution must be informed no less than 48 hours prior to the appeal hearing.

Only the Student Discipline Committee or officer, the student appealing*, legal counsel (if approved for student advising only), and a representative of the college may be present during the appeal hearing. Any witness testifying will appear before the committee or officer only while testifying. The committee will render a final decision to the Executive Director of Student Services that:

The original decision be upheld; or
The original decision be reversed; or
The severity of the decision or sanction may be modified (increased or decreased).

At the conclusion of the hearing, a letter will be given to the student within three business days and should state the decision of the Student Discipline Committee or officer, and the stipulations, such as a timeframe for vacating the campus, and/or instructions for processing the proper withdrawal papers, length of time for any probation, any restrictions (e.g., residence life, education, activities, intramurals), and/or other relevant information.

Listed below are additional guidelines for the appeal process.

An opportunity will be provided for the accused to present his/her own case and to present other evidence in support of the case.
The right to hear evidence and to ask questions of witnesses, through Navarro College staff, must be allowed.
Navarro College has the burden of proving its case by preponderance of evidence. The preponderance of evidence means proof that leads a reasonable person to find the facts at issue are more likely to have occurred than not.
A determination of the facts will be based only on the evidence presented.
A student may not be compelled to testify on his/her own behalf if the student chooses not to testify. If the student does testify, he/she may be fully, indirectly, cross-examined.
After hearing all the evidence, the Student Discpline Committee shall determine by a majority vote, or if a hearing officer is used in lieu of a committee (as with the sanction of probation), the hearing officer shall determine if the student violated the policy. The committee by majority vote shall recommend or assess the appropriate penalty.
A written statement will be available for the student no later than 3 business days following the proceedings. Navarro College will provide a recording of the proceeding by electronic means. The record will be retained by the institution for a period of three years. Notification to administrators, staff and instructors may be distributed to indicate that the student has been removed from classes if the student’s suspension or expulsion is upheld by the appeal process.

The above constitutes both the minimum constitutionally mandated due process and the intent of providing a fair and equitable process for student conduct adjudication. The following Navarro College practices ensure fairness in serious disciplinary offenses:

The right to appeal to a higher authority within the institution.
The right to cross-examine witnesses, not directly, but through the appeal committee chair.
The right to have counsel at a hearing, not to participate, but to advise.

*In cases involving reported sexual harassment, sexual assault, or other forms of discrimination, when the accused is held responsible for the offense, both parties are notified in writing about the outcome of the complaint and any appeal thereof. This information may be provided same day to both parties with the copy for the complainant (redacted for the accused student). Additionally, the option to appeal the findings or remedy is made available for both parties, and an appeal hearing may involve the presence of both parties with the availability of witnesses and advising-only counsel for either/both party(ies).

Navarro College reserves the right to employ these guidelines for any incident or concern that appears to infringe upon a student's civil rights and freedoms thereof. This includes but is not limited to suspected harassment or discrimination based on sex, gender, ethnicity, race, age, religion, nationality, disability, or other protected classification.

FAILURE TO COMPLY WITH DISCIPLINARY SANCTIONS

Any disciplinary action taken against a student enrolled in Navarro College may result in levying against that student any one of several disciplinary sanctions as listed in the Student Handbook under the Student Code of Conduct section. Whenever disciplinary sanctions are levied against a student, he/she is expected to fully comply.

Any student who does not fully comply with his/her disciplinary sanctions is subject to one or more of the following consequences:

Immediate dismissal from Navarro College
Prohibited from re-enrolling in Navarro College
Having all college records placed on hold.

The purpose of this procedure is to ensure safety of all members of the College community, to ensure that students are accountable and responsible for their decisions and actions to promote civility and ethical behavior among Navarro College students, and to sensitize students to the fact that every decision carries a consequence.

UPDATED: December 19, 2023

TOOLS & RESOURCES

SECTION F | STUDENT