Current through Register Vol. 24-18, September 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, or designee 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 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 reason 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 their
privilege to enter into or remain on college premises has been withdrawn, that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 as scheduled with the student conduct officer or conduct review officer or
to attend a scheduled 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 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.
(f) 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.
