Mar 29, 2024  
Policies and Procedures Manual 
    
Policies and Procedures Manual

04:18:03 Disciplinary Procedures


Revision Responsibility: Vice President for Student Services
Responsible Executive Officer: Vice President for Student Services

Purpose

To provide constitutionally and legally sound procedures for implementing disciplinary action.


Policy

I. General

Walters State Community College, in the implementation of TBR regulations pertaining to discipline and conduct of students, insures the constitutional rights of students by affording a system of constitutionally and legally sound procedures which provide the protection of due process of law. Walters State has enacted policies which are in compliance with this TBR Policy 3:02:01:00, as well as state and federal law. All disciplinary procedures are affirmatively communicated to the faculty, staff, and students of Walters State Community College as well as published in appropriate websites, handbooks, and manuals.

Walters State Community College has proceedings that facilitate avenues of communication between students, faculty, and staff, which provide for the transmission of constructive ideas in the solution of incidents related to Disciplinary Offenses and Academic and Classroom Misconduct. The administration of incidents relating to Disciplinary Offenses, both outside and inside the classroom, on the campus of Walters State Community College that violate College and Tennessee Board of Regents policies and standards of conduct contained herein and in the college catalog is a function of the vice president for Student Services and/or the appropriate Walters State Community College adjudicating body. The administration of incidents related to Academic Misconduct and Classroom Offenses as they relate to an academic component is a function of the vice president for Academic Affairs and/or the appropriate Walters State Community College adjudicating body (see Academic Misconduct Grade Appeal). The vice presidents and/or other authorized college personnel are responsible for investigating alleged offenses. In all cases, proper procedural safeguards will be used to ensure a student’s due process. 

For student’s/student organizations facing disciplinary action, four potential processes exist for adjudication of the case. The student shall be informed in writing of each option, including which options may be utilized based on the case, and the due process rights associated with each option. Options include: 1) to not contest the case; 2) informal adjudication of the case by the vice president for Student Services or their designee; 3), a Walters State Institutional Hearing; or 4) a Uniform Administrative Procedures (UAPA) hearing, (T.C.A. § 4-5-301 et seq.,) in the circumstances described in section (2) below. Election to use the Walters State Institutional Hearing or a UAPA hearing entitles the student/student organization to due process. A student’s/student organization’s election of the options to not contest the case, or have informal adjudication by the vice president for Student Services or their designee, requires that the student waive, in writing, his/her right to due process. Selection of one option constitutes a waiver of all other options. The student shall have five (5) business days following written notification to select an option. In cases in which the student elects to have the vice president for Student Services or their designee to informally adjudicate the case, the student elects to accept whatever sanction may be imposed by the person designated to make the decision. The decision of the vice president or their designee will be final. If a student, absent good cause, fails to return the Waiver and Election of Hearing Procedures Form in a timely manner, the student will be deemed to have waived a right to the processes described above and Walters State Community College may proceed as it deems, in its sole discretion, appropriate in the circumstances.

UAPA: All cases which may result in: (a) suspension or expulsion of a student, or student organization, from the institution, for disciplinary reasons or (b) revocation of registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act (UAPA) and shall be processed in accord with the Uniform Contested Case procedures adopted by the Board of Regents unless the student or organization, after receiving written notice, waives those procedures and elects to have the case disposed of in accord with institutional procedures described above in item (1), or waives all right to contest the case under any procedure.

Institutional Procedure and Due Process: For matters not subject to the requirements of UAPA, or when a student waives his or her right to a UAPA hearing and chooses the option of a Walters State Institutional Hearing:

Students/student organizations subject to any disciplinary sanction are entitled to a due process hearing unless that right is waived by the student after receiving written notice of the available procedures. Should a student or student organization be charged with a Disciplinary Offense or Academic Misconduct and Classroom Offense, not associated with a grade, elect to have an Institutional Hearing, the case shall be adjudicated through the Student Discipline Committee with the following procedures:

  1. The student/student organization shall be informed, in writing, of the charges being brought against them and the policy or regulation allegedly breached within five (5) business days of the College becoming aware of the alleged misconduct.
     
  2. The student/student organization shall be given the name(s) of witness(es) bringing charges and a written report on the facts to which each witness testified.
     
  3. The student/student organization shall be informed of the time, place, and date of the Student Discipline Committee hearing, which shall be held within ten (10) business days of the date of notification.
     
  4. The President shall appoint an appropriate committee to investigate and hear the student’s/student organization’s appeal. The Student/organization will be notified by the designated appeal committee chair of the time, date, place and procedures for the appeals hearing. The hearing will take place within ten (10) business days of the filing of the written appeal to the vice president of Student Services.
    Committee members shall consist of:
     
    1. Committee Chair named by the President
       
    2. Two faculty members at large
       
    3. Student Government Association Vice President
       
    4. Two students designated by the Student Government Association
       
    5. One Division Dean
       
  5. The student may request a public hearing.
     
  6. The student shall be advised of the following rights applicable to the hearing:
     
    1. The right to present his or her case,
       
    2. The right to call witnesses in his or her behalf,
       
    3. The student shall be given the opportunity to hear and question witnesses against his/her and to present oral and written evidence in his/her defense.
       
    4. The student shall have the right to be assisted in his/her defense by an adviser of his/her choice. The adviser’s participation shall be limited, however, to advising the student and shall not include representing the student; and
       
    5. The student shall be advised of the method and time limitations for appeal, if any is applicable.
  7. All evidence upon which the decision is made shall be presented at the proceedings of the Student Discipline Committee hearing.
     
  8. Following the hearing, the Student Discipline Committee shall submit its recommendation to the President for final approval within five (5) business days.
     
  9. The decision of the President shall be final subject only to any appeal provided by policies of the Tennessee Board of Regents. The President shall render a decision within ten (10) business days.
     

Interim Suspension Hearings: Hearings conducted with regard to interim suspensions imposed pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the minimum requirements of due process applicable to an institutional hearing (Section (5), taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension.

Alternative Resolution Procedures: In instances of Disciplinary Offenses adjudicated by the vice president for Student Services or Academic Misconduct and Classroom offenses adjudicated by the vice president for Academic Affairs, with the consent of all relevant parties, the College may utilize alternative resolution methods for hearings and/or for the resolution of disciplinary matters. Alternative resolution methods may include, but are not limited to, mediation, diversion programs, and/or negotiated resolutions.

II. Grade Appeal Procedure:

  1. Grade Appeal Policy
    Student appeals concerning a course grade should be resolved by conference between the student and the instructor who assigned the grade within 45 calendar days from the day grades are loaded in Banner as stated in the timetable. If the concern is not resolved, the student may begin the formal grade appeal process.
     
  2. Grounds for Appeal:
     
    1. Errors in calculation: The student appeals an error made in the mathematical calculations of graded material.
       
    2. Errors in course practices: The student contends that there was gross disparity between the course syllabus and the manner in which the course was conducted in regards to the treatment of the individual student.
       
    3. The student will be required to provide a written description detailing how the criteria for appeal have been met in his/her particular circumstance.
       
  3. Procedures for Appeal:
     
    1. Following the initial conference with the instructor, the student has 7 calendar days to complete the Walters State Community College Student Grade Appeal Form. The student must sign and date the completed form in the presence of the instructor at a mutually agreed upon time.
       
    2. The response from the instructor must be submitted to the department head, if applicable or academic dean within 7 calendar days of the student’s signature.
       
    3. The response from the department head/academic dean must be submitted to the student within 7 calendar days of the instructor’s signature. If the student wishes to further the appeal, the academic dean must submit the Grade Appeal Form to the vice president for Academic Affairs.
       
    4. The response from the vice president for Academic Affairs must be submitted to the student within 7 calendar days of the academic dean’s signature. If the student wishes to further the appeal, the vice president for Academic Affairs will submit the Grade Appeal Form to the Academic Affairs Committee.
       
    5. The Academic Affairs Committee will hear the appeal at the next regularly scheduled meeting. The Academic Affairs Committee will render a response at the conclusion of the meeting.
       
    6. If the student wishes to further pursue the appeal, the vice president of Academic Affairs will take the appeal to the president. The president will have 7 calendar days to render a decision. The president’s decision is final.
       
  4. Other Information:
     
    1. The number of days indicated at each level of the appeal process shall be considered the maximum, but every effort should be made to expedite the process.
       
    2. The failure of the student to proceed from one level of the appeal procedure to the next level within the prescribed time limits shall be deemed to be an acceptance of the outcome previously rendered. All further considerations and proceedings regarding that particular appeal shall cease at that point.
       
    3. A grade appeal may be withdrawn by the student at any level without prejudice.
       
    4. All appeal proceedings shall be kept as confidential as may be appropriate at each level.
       
    5. Individuals (instructor, department head, division, dean, vice-president) involved in grade appeal procedures shall have reasonable access to all official records for information necessary to the determination of an outcome.
       
    6. If an instructor is unavailable for 45 days following the posting of the course grade, then the appeal process may proceed to the department (division) level immediately.
       

The president of Walters State Community College is authorized, at his or her discretion, to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any finding or sanction imposed to a lesser finding or sanction, or to rescind any previous finding or sanction, in appropriate cases. 01/15; 05/16; 02/17; 01/20

 

(This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.06 Disciplinary Procedures and due Process. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11. Effective: 1/29/12. Amended 11/15/15.)