6 Reporting, Investigation(s) and Finding(s

5.34

6.

Retaliation: An individual shall not engage in any adverse action taken against a person for making a good faith report of Prohibited Conduct or participating in any proceeding under this policy. Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of Prohibited Conduct. Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct.

A ttempted Violation and Complicity: An individual shall not attempt to engage in any conduct prohibited by this Code. This includes any act taken with the purpose of aiding, facilitating, promoting or encouraging the commission of an act of Prohibited Conduct under this Code by another person. An attempted violation or complicity of this Code is punishable in the same manner as a completed violation without regard to whether the act was or could have been successfully completed.

Reporting, Investigation(s) and Finding(s)

Reporting (Compliant) Procedure Arizona Western College offers an online system for reporting student code of conduct violations, academic misconduct, care reports, and Title IX violations. Please select the appropriate reporting form to route your submission to the responsible party. The student discipline process normally begins with an Incident Report (I.R.) or police report. Verbal complaints will be accepted only in sexual harassment/ misconduct or unusual emergency situations. The College will not tolerate retaliation against any individual who in good faith submits a complaint or who in good faith participates as a witness or any other capacity in a disciplinary procedure. A complaint/IR must describe the alleged misconduct by the individual and be filed with the Conduct Office for investigation(s) and investigative finding(s) or investigative outcome(s)

Investigation Process and Assigning the Matter to the Informal or Formal Process Once a complaint, Incident Report or police report is received by the Conduct Office, a Conduct Officer shall be appointed to investigate the matter sufficiently in order to determine which discipline process to initiate:

1. 2. The informal discipline process that involves an Informal Conduct Meeting or; T he formal discipline process that involves a Formal Conduct Hearing.

Once a Conduct Officer has determined which process to commence, the following processes will occur: 1.

T he alleged Respondent will be sent, via e-mail or via campus or US mail, a notice(s) which includes the following: a. T he date, time, and location of the Informal Conduct Meeting or the

Formal Conduct Hearing; b. A S ummary of the Complaint, Incident Report or Police Report and alleged Code violations notifying the Respondent of the alleged acts of misconduct, the date and place of occurrence and the rule(s) of conduct allegedly violated. i . Any temporary injunction(s) if applicable. c. A Copy of this Student Code of Conduct Manual.

All notice information is provided as reasonably appropriate or available to the Conduct Officer.

2.

3. A t the Informal Conduct Meeting or Formal Conduct Hearing, the student will be asked to respond to the allegations of misconduct and will have the opportunity to submit written, physical and testimonial evidence relevant to the incident. I f a student does not appear for an Informal Conduct Meeting or Formal Conduct Hearing, the Conduct Officer of Formal Conduct Hearing Officer may render a decision and, if appropriate, impose sanctions, in the student’s absence. a. For Informal Conduct Meeting(s), the Conduct Officer may refer the matter for a Formal Conduct Hearing or take other action that is consistent with the informal discipline process. Note: In some situations, temporary injunctions may be issued during an investigation process or pending the outcome of an informal conduct meeting or formal conduct hearing. Temporary injunctive relief may be imposed when it has been determined that the individual(s) continued presence constitutes an immediate threat of harm to the student, other students, College personnel or to other College disciplinary authorities. Whenever reasonably possible, a Conduct Officer shall contact a Respondent who may be the subject of temporary injunctive relief and allow the Respondent to discuss with the Conduct Officer whether such temporary injunctive relief should or should not be imposed.

6.1 Informal Conduct Meeting(s) An Informal Conduct Meeting may be conducted with a student accused of misconduct. An Informal Conduct Meeting may involve nothing more than a face-to-face meeting between a Conduct Officer and the student. The purpose of an Informal Conduct Meeting is: 1. T o provide an opportunity for the student to respond to allegations of misconduct before any conduct action is taken, and 2. T o determine if the student engaged in misconduct according to this Student Code of Conduct. If deemed appropriate for the particular circumstances, the Informal Conduct Meeting may be delayed in order for the student to be able to present physical evidence, testimony or written statements related to the allegations of misconduct, or for the Conduct Officer to further investigate the allegations.

During/Following the Informal Meeting 1. A n Informal Outcome Letter will be provided to the student.

This outcome will include: a. a fi nal determination of the alleged misconduct; b. a ny applicable sanction(s) with due dates; c. a dditional directions and information on how to complete a sanction(s).

The student waives any rights to an informal meeting by his/her failure to attend.

During the informal meeting, the student must be provided the following information:

6.1.1

6.1.2

6.1.3 The alleged misconduct and the reasons for the College’s belief that the student engaged in the misconduct.

The specific section(s) of the Code allegedly violated.

At the conclusion of the Informal Conduct Meeting, the Conduct Officer shall enter in writing one of the following orders:

A n order dismissing the conduct proceedings if it appears there has been no misconduct;

An order approving and confirming an Informal Outcome Agreement that has been entered into between the student and the Conduct Officer;

A n order referring the matter to a Formal Conduct Hearing. This referral shall occur whenever it appears that misconduct has occurred and the matter cannot be resolved by means of an Informal Outcome Agreement. In such situations, the Formal Conduct Hearing process must be used.

Failure of a student to comply with and complete all requirements imposed in an Informal Outcome Agreement will result in restrictions being placed on the student, such as but not limited to a hold being placed on the student account, and/or possible escalation requiring a Formal Conduct Hearing.

6.2 I nformal Outcome Reviews for Appeals Request to review an Informal Outcome can be provided to the Arizona Western College Conduct Office via e-mail at Conduct@azwestern.edu (2) business days following notice of an Informal Outcome.

Request for Informal Outcome review and appeal need to include following: 1. The Informal Outcome Letter, 2. R eason for case review and appeal 3. A dditional evidence or information not available during the Informal Conduct meeting. Informal Outcomes are not Reviewed or Appealable if Rendered and/or reviewed by the Formal Conduct Hearing Officer or if the student does not attend the Informal Conduct Meeting.

6.3 Formal Investigation(s) and Hearing(s) In some cases, a Conduct Officer may determine the student needs to be referred to the Formal Conduct Hearing Process. These referrals may be escalated following an incident report prior to an informal meeting depending on the nature of the misconduct. Additionally, a student may also be referred to the Formal Conduct Hearing Process if the student does not complete the sanctions identified in an Informal Outcome.

The Formal Conduct Process will follow the outlined process:

Notice of Formal Conduct Hearing: In accordance with the principles of due process, the Hearing Officer will provide notice to the alleged party of the time, date and location of the Formal Conduct Hearing. The notice will describe the alleged misconduct, and the Code provisions allegedly violated. The notice will also inform the student that he or she has the option to waive the Formal Conduct Hearing and accept sanctions imposed from The Formal Conduct Hearing Officer.

The hearing notice, plus a copy of this Code, shall be provided to the student accused of misconduct no less than four (4) business days prior

to the hearing. In cases where students are resident hall students and housing is affected, the student may waive his/her right and request an earlier scheduled formal conduct hearing.

Access to the Case File: The student, by appropriate request, shall have reasonable access to the case file and relevant evidence that may be used at the Formal Conduct Hearing. Note that access will not be inclusive of the privilege of reviewing the personal conduct files or other records of any other individual student or any attorney client privilege documents.

Who May Attend the Formal Conduct Hearing: Persons who may be present at a Formal Conduct Hearing include:

1.

2.

3. The Formal Conduct Hearing or Designee assigned to be the Formal Conduct Hearing Officer,

A n assigned recorder,

The accused student,

4. A n Advisor to the student,

5. A “ College Representative” whose task it is to present the case on the behalf of the administration,

6. W itnesses called by the student or the College Representative (each of whom may be present only during his/her testimony or statement), and

7. College legal counsel (if called to assist the Hearing Officer) Exceptions to the above may include, in appropriate cases at the discretion of the Hearing Officer:

1.

2.

3.

4. T he parent(s) of a minor student;

A language interpreter;

A C ollege Advisor, and/or

An assigned College police officer.

These individuals permitted by the Formal Conduct Hearing Officer to be in attendance cannot participate in the actual hearing process.

At least two (2) work day (s) prior to the hearing, the accused student and the College Representative shall each furnish to the Formal Conduct Hearing Officer with a written list/e-mail of the names of witnesses each intends to call and a list of the anticipated exhibits each party anticipates offering into evidence.

All witnesses shall be excluded from the hearing room except when testifying.

All Formal Conduct Hearings are recorded. Recording wavier(s) are not granted.

Option for Student to have Advisor Assist Student at Formal Conduct Hearing: A student who is subject to a Formal Conduct Hearing has the right to bring to that hearing a person who may assist the student in his or her defense. The Advisor to the student may not actively participate in the Formal Conduct Hearing by actions such as making statements, questioning witnesses, etc. The Advisor may provide:

A dvice to the student during the hearing in a manner deemed nondisruptive by the Conduct Hearing Officer.

If the Advisor to the student is an attorney, the student must inform the Hearing Officer not less than three (3) work days before the hearing that an attorney will be present at the hearing.

Procedures for the Formal Conduct Hearing: The Conduct Hearing Officer is not required to adhere to the formal rules of evidence used in criminal proceedings. The Formal Conduct Hearing will be conducted as follows:

6.2.1

6.2.2

6.2.3

6.2.4

6.2.5 T he Conduct Hearing Officer reads the charge(s) against the student.

T he student and the College Representative shall each be permitted to make a brief opening statement.

The College Representative shall next present the evidence, witness statements, or witnesses to substantiate the charges. The student shall be permitted to ask questions of any witness presented by the College Representative.

The student shall next present evidence, witness statements, or witnesses to defend against the charges. The College Representative and Hearing Officer shall be permitted to ask questions of any witness presented by the student.

I f the student or College Representative desires to read from or submit a written statement or document, copies of the statement or document must be provided to the Conduct Hearing Officer and the other party.

6.2.7 The student and the College Representative shall each be permitted to make a brief closing statement.

Following the presentation of evidence and closing statements, the Formal Conduct Hearing Officer will, following any private deliberations deemed necessary, reach a decision on the matter by determining whether the College administration has demonstrated that it is more likely than not that a violation of the Code has occurred. If so, an appropriate disciplinary sanction will be imposed. A copy of a written decision rendered by the Conduct Hearing Officer shall be presented to the student within ten (10) work days of the hearing.

Non-Attendance If the student does not attend the Formal Conduct Hearing, the Formal Conduct Hearing Officer may proceed with the Formal Conduct Hearing in the student’s absence and impose a sanction, -- probation, suspension, or expulsion -- if warranted by the evidence.

Student Waiver of the Formal Conduct Hearing Whenever a student is faced with the prospect of being subjected to a Formal Conduct Hearing the student has the option to waive the hearing and accept sanctions for the misconduct, warranted by the evidence, by the Formal Conduct Hearing Officer. This option is available to a student at any time up to the 2 hours prior to the commencement of a Formal Conduct Hearing.

If the student decides to request to waive his/her rights to the Formal Conduct Hearing, the student will be presented with the document entitled “Students Agreement” and will be allowed to sign it.

The Formal Conduct Hearing Officer will have ten (10) workdays from signature of the “Student Agreement” to adjudicate the case and give a copy of the Formal Conduct Outcome/Decision Letter to the student.

In accordance with the Family Educational Rights and Privacy Act of 1974 (“FERPA”), upon case conclusion, the Formal Conduct Hearing Officer may communicate his/her finding(s) to College personnel. Additionally, the final results or findings of a Formal Hearing involving certain crimes may be released to appropriate persons, including but not limited to victim(s) of a crime of violence.

Requirement of Substantial Compliance Technical errors made by the College or any employee or administrator thereof in the application of this Code that do not prejudice the student shall not be grounds for invalidating discipline that has been imposed.