Student Code of Conduct
- Introduction to Student Code of Conduct
- Who is Considered a Student?
- Student Code of Conduct in Special Programs
- Examples of Student Misconduct/Unacceptable Behavior
- Off-Campus Conduct
- Drug-Free Campus Statement
- Harassment/Sexual Harassment, Intimidation and Bullying
- Sexual Harassment and Misconduct
- Student Dress and Appearance Code
- Disciplinary Procedures for Student Misconduct
- Ensuring Appropriate Adjudication for Crimes Violating Civil Rights
- Sanctions Against Misconduct
- Due Process and Time Frame
- Disciplinary Appeal Procedures
- Procedure on Failure to Comply with Disciplinary Sanctions
Disciplinary Appeal Procedures
Click here for Due Process and Time Frame
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 to the Vice President of Student Services office 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 student(s) will be notified within one business day whether or not their appeal has been granted. If the appeal is granted, the Vice President of Student Services will appoint the appeal council or officer. 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 appeal council 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. Representation by legal counsel is not required but may be permitted according to Navarro College Student Grievance Procedures. If counsel is requested, 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 24 hours prior to the appeal hearing.
Only the appeal council 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 appeal council or officer only while testifying. The appeal council or officer will render a final decision to the Vice President of Student Services that:
1. The original decision be upheld; or
2. The original decision be reversed; or
3. 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 appeal council 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.
As referenced in the Student Grievances Procedures, the role of the District President in these procedures is not to decide the case or appeal thereof, but merely to determine whether the administrative chain of command has adhered to Navarro College procedures.
Listed below are additional guidelines for the appeal process.
1. An opportunity will be provided for the accused to present his/her own case and to present other evidence in support of the case.
2. The right to hear evidence and to ask questions of witnesses, through Navarro College staff, must be allowed.
3. 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.
4. A determination of the facts will be based only on the evidence presented.
5. 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.
6. After hearing all the evidence, the appeal council shall determine by a majority vote, or if a hearing officer is used in lieu of a council (as with the sanction of probation), the hearing officer shall determine if the student violated the policy. The council by majority vote shall recommend or assess the appropriate penalty.
7. 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:
1. The right to appeal to a higher authority within the institution..
2. The right to cross-examine witnesses, not directly, but through the appeal committee chair.
3. 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.