Current through Register Vol. 24-24, December 15, 2024
(1) Summary suspension is a temporary exclusion from specified
college premises or denial of access to all activities or privileges for which
a respondent might otherwise be eligible, while an investigation and/or formal
disciplinary procedures are pending.
(2) The student conduct officer may impose a summary suspension
if there is probable cause to believe that the respondent:
(a) Has violated any provision of the code of conduct;
and
(b) Presents an immediate danger to the health, safety, or
welfare of members of the college community; or
(c) Poses an ongoing threat of disruption of, or interference
with, the operations of the college.
(3) Notice. Any respondent who has been summarily suspended
shall be served with oral or written notice of the summary suspension. If oral
notice is given, a written notification shall be served on the respondent
within two business days of the oral notice.
(4) The written notification shall be entitled "Notice of
Summary Suspension" and shall include:
(a) The reasons for imposing the summary suspension, including
a description of the conduct giving rise to the summary suspension and
reference to the provisions of the student conduct code or the law allegedly
violated;
(b) The date, time, and location when the respondent must
appear before the conduct review officer for a hearing on the summary
suspension; and
(c) The conditions, if any, under which the respondent may
physically access the campus or communicate with members of the campus
community. If the respondent has been trespassed from the campus, a notice
against trespass shall be included that warns the student that his or her
privilege to enter into or remain on college premises has been withdrawn, that
the respondent shall be considered trespassing and subject to arrest for
criminal trespass if the respondent enters the college campus other than to
meet with the student conduct officer or conduct review officer, or to attend a
disciplinary hearing.
(5) An officer designated by the president, who shall be
someone other than the student conduct officer, shall conduct a hearing on the
summary suspension as soon as practicable after imposition of the summary
suspension. The hearing will be conducted as a brief adjudicative
proceeding.
(a) During the summary suspension hearing, the issue before the
reviewing officer is whether there is probable cause to believe that the
summary suspension should be continued pending the conclusion of disciplinary
proceedings and/or whether the summary suspension should be less restrictive in
scope.
(b) The respondent shall be afforded an opportunity to explain
why summary suspension should not be continued while disciplinary proceedings
are pending or why the summary suspension should be less restrictive in
scope.
(c) If the student fails to appear at the designated hearing
time, the conduct review officer may order that the summary suspension remain
in place pending the conclusion of the disciplinary proceedings.
(d) As soon as practicable following the hearing, the conduct
review officer shall issue a written decision which shall include a brief
explanation for any decision continuing and/or modifying the summary suspension
and notice of any right to appeal.
(e) To the extent permissible under applicable law, the conduct
review officer shall provide a copy of the decision to all persons or offices
who may be bound or protected by it.