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, a temporary no trespass order, while an investigation
and/or formal disciplinary procedure is pending.
(2) The student conduct officer may impose a
summary suspension if there is reasonable basis to believe that the respondent:
(a) Has violated any provision of the student
conduct code; and
(b) Presents an
immediate danger to the health, safety, or welfare of members of the college
community or visitors; or
(c) Poses
an ongoing threat of substantial 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 college premises or communicate with
members of the college community and visitors. If the respondent has been
temporarily trespassed from the college premises, a notice against trespass
shall be included that warns the respondent that privilege to enter into or
remain on college premises has been withdrawn and that the respondent shall be
considered trespassing and subject to arrest for criminal trespass if the
respondent enters the college premises other than for a scheduled meeting with
the student conduct officer or conduct review officer, or to attend a
disciplinary hearing.
(5) The conduct review officer shall conduct
a hearing on the summary suspension as soon as practicable after imposition of
the summary suspension.
(a) During the summary
suspension hearing, the issue before the conduct review officer is whether
there is probable cause to believe that 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 respondent 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.
(6) In cases involving allegations
of sexual misconduct, the complainant shall be notified that a summary
suspension has been imposed on the same day that the summary suspension notice
is served on the respondent. The college will also provide the complainant with
timely notice of any subsequent changes to the summary suspension
order.
