Article IV: Judicial policies

1. Reporting

The College encourages members of the Parkland College community to resolve conflicts informally. If that is not possible or appropriate, any member of the Parkland College community may report alleged violations of the Code of Conduct using the online reporting form or submitted in writing to the Dean of Students Office. The College also reserves the right to initiate a case without a formal complaint, and to investigate anonymous reports. Referrals should be reported as soon as possible after the event takes place.

2. Review

The Dean of Students or their designee will investigate the referral to determine whether the alleged violation(s) is a credible claim that potentially warrants charging a student with violating the Code of Conduct. Preliminary meetings with the reporting party, affected party and/or witnesses may occur prior to initiating a student conduct charge or contacting the respondent. If the respondent is contacted about the case during the preliminary investigation, the respondent will be made aware of the initiation of the preliminary investigation and that the referral could result in a student conduct charge being initiated.

The following outcomes may result from the referral review and preliminary investigation (when applicable):

a. Referral is Closed – A referral in which no further action is taken due to a lack of credible information to indicate a violation of the Student Code of Conduct has occurred.

b. Administrative Response – A referral will result in administrative disposition of the allegation and not a formal charge for violations of the Student Code of Conduct. This disposition is resolved mutually and with educational sanctions (if applicable) through an in-person meeting between the respondent and the Dean of Students or Student Conduct Administrator. A referral involving more than one party may be resolved through mediation or conflict resolution with the consent of the parties involved. Informal responses that are resolved are not eligible for appeal.

c. Student Conduct Hearing - A referral that does rise to a formal charge for violation of the Student Code of Conduct that is resolved through a Student Conduct Hearing.

In certain circumstances, the Dean of Students may impose an interim suspension or academic withdrawal prior to Student Conduct Hearing. 

1. Interim Suspension

A student will be subject to involuntary interim suspension from Parkland College, if it is determined by clear and convincing evidence, that the student:

a Engages or threatens to engage in behavior which poses a danger of causing physical harm to self or others.

b. Engages or threatens to engage in behavior which would cause significant property damage, or directly and substantially impedes the lawful activities of others.

c. Engages or threatens to engage in behavior which significantly disrupts or obstructs teaching and learning.

d. Failure to comply with requested psychiatric evaluation as set forth in the involuntary withdrawal section below.

2. Intermin Suspension Process

a. ANotice of Investigation letter will be prepared and delivered to student involved either personally, by parkland email and/or by certified US mail. This letter will contain:

i. A summary of the conduct being investigated

ii. The date, time, and location of a meeting with the Dean of Students or their designee to discuss the potential interim suspension. This meeting will give the respondent an opportunity to be heard regarding the potential interim suspension.

b. The meeting to discuss the potential interim suspension will be scheduled no earlier than two (2) school days after the sending of the Notice of Investigation letter.

c. Within two (2) days after the conclusion of this meeting, the student will be delivered an Interim Actions Determination Letter either personally, by parkland email and/or by certified US mail that indicates the outcome of the meeting – whether or not the interim suspension will be imposed. This letter will be sent whether or not the student chooses to attend the meeting regarding potential interim suspension.

d. These standards do not preclude removal from Parkland College, in accordance with provisions of other college rules or regulations.

e. During the interim suspension, students shall be denied access to the campus (including classes - in-person, online, hybrid, and any other delivery mode) and/or all other Parkland College activities or privileges for which the student might otherwise be eligible. A Ban Notice will be prepared and processed with the student through the Department of Public Safety.

f. The student may participate in the ongoing conduct processes at Parkland by contacting the Department of Public Safety before doing so.

g. An interim suspension will last until the conclusion of the conduct investigation and any subsequent Student Conduct Hearing.

If there is credible information indicating a student may have violated the Student Code of Conduct, the College may issue a Notice of Alleged Violations Letter to their Parkland student email account. In certain circumstances alleged violation(s) may also be mailed to the student’s local address of record using certified mail. An attempt to meet with the student in-person to present the letter will also be made by the Dean of students.

This notice will inform the student:

1. Which provision(s) of the Student Code of Conduct the student is alleged to have violated.

2. How to locate the Student Code of Conduct website where the student can learn about the Student Conduct process.

3. How to schedule or participate in a preliminary meeting with a Student Conduct Administrator to:

a. Review referral information including information gathered during the preliminary investigation.

b .Provide information about the Student Conduct Committee Hearing process, including witnesses, regarding the referral in question.

4. Their right to bring an advisor to any meeting or hearing.

5. How to schedule the Student Conduct Hearing.

The Notice of Alleged Violations Letter will also notify the student that the preliminary meeting must be scheduled no more than three (3) days after the notice is sent.

For all Non-Title IX referrals heard by the Student Conduct Committee .

The Student Conduct Hearing will be scheduled by the Student Conduct Administrator, in consultation with the respondent not less than five (5) or more than ten (10) days after the date that the student has met with the Student Conduct Administrator.

In extreme cases, maximum time limits for scheduling meetings and hearings may be extended, at the discretion of the Student Conduct Administrator. 

The Student Conduct Committee shall conduct all hearings under the following guidelines:

1. Committee Composition

a. Two students selected from a pool of students approved and trained by the Dean of Students. If necessary to expedite the hearing, one student may be used. 

b. Two Parkland College officials selected from a pool of employees, appointed by the Dean of Students and ratified by PCA Student Affairs Committee. This pool will perform as a subcommittee of the Student Affairs Committee.

c. The chair will be the Student Conduct Administrator or their designee. This position will be nonvoting except in tie votes. 

2. Committee Guidelines

a. The hearing shall be private, restricted to committee members, the complainant, the respondent(s) of the alleged violation(s), each parties’ advisors, and witnesses. Admission of any person to the hearing shall be determined at the discretion of the Dean of Students and normally with the consent of the respondent. 

b. In hearings involving more than one respondent, the Student Conduct Administrator, at their discretion, may permit the hearings concerning each student to be conducted jointly.

c. The involved parties shall have the right to be assisted by any advisor of their choosing. If the involved parties are students above age 18 choose a non-Parkland College official, including but not limited to a parent, relative, guardian, or attorney, they must be required to sign a release granting permission for the advisor to have access to the student’s educational records. The advisor’s role is limited to advising the student. The complainant and the respondent are responsible for representing themselves and therefore, advisors are not permitted to speak to committee members during a hearing or participate directly in any hearing before a Student Conduct Committee.

d. To ensure the respondent understands his or her rights, the “Garrity Procedures” will be read to the accused student prior to questioning and/or allowing the student to make a statement. 

e. There shall be a single verbatim record, such as a tape recording, of all formal proceedings during a Student Conduct Committee Hearing. The record shall be the property of Parkland College.

f. The complainant, the respondent, and the Student Conduct Committee shall have the privilege of presenting witnesses. The College will try to arrange the attendance of witnesses who are members of the College community, if it is reasonably possible, and who are identified by the complainant and/or accused student at least two weekdays prior to the Student Conduct hearing. Witnesses will provide information to, and answer questions from, the Student Conduct Committee. Questions may be suggested by the accused student and/or complainant to be answered by each other or by other witnesses. Questioning will be conducted by the Student Conduct Committee with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creating an adversarial environment.

g. A Student Conduct Committee, at the discretion of the chairperson, may present pertinent records, exhibits, and written statements for consideration.

h. All procedural questions during the hearing are subject to the final decision of the chairperson of the Student Conduct Committee.

i. After the hearing, the Student Conduct Committee shall determine by using the preponderance of evidence standard (by the majority vote) whether the student has been found responsible or not responsible for each violation of the Student Code of Conduct and recommend to the Student Conduct Administrator/chairperson appropriate educational sanctions, including applicable deadlines or other restrictions. 

j. The accused student will be notified of their right to appeal. 

k. If a respondent, with notice, does not appear before a Student Conduct Committee hearing, the information in support of the alleged violation(s) shall be presented and considered, even if the accused student is not present.

l. The Student Conduct Committee may accommodate concerns for personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing through the use of written statements or other means, where and as determined in the sole judgment of the Student Conduct Administrator to be appropriate. 

3. Outcome Letter

a. The Student Conduct Administrator or Dean of Students shall write and deliver the Outcome Letter from the Student Conduct hearing to be completed within three (3) days of the decision. The letter shall consist of the following:

i.A finding of Responsibility/Not Responsible for each alleged violation(s) of Student Code of Conduct;  

ii. The accompanying educational sanctions for each violation(s) in which the respondent was found Responsible;

iii. Deadlines for successful completion of the educational sanctions;

iv. Additional information where applicable; and

v. Guidelines for the appeal process.

b. The Outcome Letter will be delivered to the respondent, the Chair of the Student Affairs Committee, the Dean of Students, and the Vice President of Student Services. Others may be informed at the discretion of the Student Conduct Administrator when appropriate.

4. Failure to Comply

All Respondents are expected to comply with the assigned educational sanctions within the timeframe specified by the Student Conduct Administrator. Failure to abide by the sanction(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s), including suspension, expulsion, and/or termination from the College.

1. Administrative Withdrawal - Removal of the student from one or more Parkland College courses.
2. College/Community Service - a specified number of hours of service to the College/community. When possible, the service shall be related to the disciplinary infraction (such assignments must have the prior approval of the Dean of Students or Vice President for Student Services).
3. Dean’s Hold - A hold may be placed on a student’s record to ensure that the student complies with sanctions or pending the resolution of conduct matters. If a hold is placed on a record, the Dean of Students may prohibit the student from registering or receiving an official transcript or a diploma until the conditions of the hold have been met. Holds on student records will be initiated and released by the office of the Dean of Students.
4. Educational Program referral – may include not be limited to alcohol and/or other drug education, time management education, and/or emotions management education. Such sanctions may include writing a paper, presenting a program, designing a bulletin board, and/or attending an assigned workshop. The student must provide documentation of satisfactory completion of assigned program.
5. Expulsion - Permanent separation of the student from Parkland College. Student may petition for reentry after a minimum of five (5) academic years has elapsed since imposition of expulsion.
6. Fines - Previously established and published fines may be imposed.
7. Parental Notification - Parental notification may be rendered for students under 18      years of age when a student is either found or takes responsibility for an alcohol and/or illegal drug violation. Parents may also be notified in cases where the educational sanction may result in suspension or expulsion.
8. Probation - Probation is for a designated period and includes probability of more severe disciplinary sanctions if the students is found to be violating any conduct code during the probationary period.
9. Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
10. Restriction or Loss of privileges - Denial of specified privileges or withdrawal of college recognition for a designated period of time.
11. Revocation of admission and/or degree - Admission to, or a degree awarded from, the college may be revoked for fraud, misrepresentation, or other violation of college standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
12. Suspension - Separation of the student from Parkland College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
13. Warning - A notice to the student in writing that the student is violating or has violated the Student Conduct Code and if the conduct continues more stringent.
14. Withholding degree - The college may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.

A decision reached by the Student Conduct Committee or a sanction imposed by the Student Conduct Administrator may be appealed by respondent or complainants to the Dean of Students or designee who has not been previously involved in the Student Conduct Committee process.

A student utilizing this student conduct hearing appeal process is restricted from using the Student Grievance hearing process for the same occurrence. The student may only use the Student Grievance process for issues unrelated to the current conduct process and circumstances/actions leading up to it.

1. Appellate Board Composition

The Appellate Board is selected by the Vice President for Student Services to the Chair    of the Student Affairs Committee. Members of the pool appointed to the Student Conduct Committee are only eligible to serve on the Appellant Board if they did not serve on the Student Conduct Committee during the initial hearing.

2. Appeals Criteria

An appeal must be based on one or more of the following grounds:

a. A procedural irregularity that would change the outcome of the finding of non-responsibility, responsibility or sanction; 

b. New evidence that would change the outcome of the finding of non-responsibility, responsibility, or sanction and that was not reasonably available when the finding was made; and/or; 

c. The Student Conduct Administrator, Dean of Students or their designee, or members of the Student Conduct Committee had a conflict of interest of bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome of the finding of non-responsibility, responsibility or sanction;

d. The sanction is disproportionate with the violation;

e. The finding by the Student Conduct Committee is substantially contrary to the weight of the evidence in the record (applicable to sanctions of suspension, expulsion only);

In cases of a finding of non-responsibility, the finding was erroneously granted or denied. 

3. Appeals Notice Timeline

A party wishing to appeal a finding of non-responsibility, responsibility or sanction must submit their full written appeal request, including complete rationale for the appeal to the Dean of Students or designee within five (5) school days of the party’s receipt of the outcome letter.

Within five (5) school days after the Dean of Students or designee is in receipt of an appeal request, the Dean of Students or designee will forward the appeal request and all relevant materials to the appointed Appellate Board and will notify both parties in writing of the appeal, including providing the Respondent with notice of the alleged violations, if notice was not previously provided to the Respondent, in cases of appeal of dismissal. The written notice of appeal will also notify the opposite parties of their reasonable and equitable opportunity to submit a statement in support of, or challenging, a finding of non-responsibility, responsibility, or sanction that is the subject of the appeal. The parties will have five (5) school days to submit their statements of opposition to the Appellate Board.

Prior to ruling on the merits of the appeal, the Appellate Board will analyze the appeal to determine if it meets the criteria listed above. If the Request for Appeal does not provide information that minimally meets the grounds listed above, the request will be immediately denied by the Appellate Board, and the parties and their advisors will be simultaneously notified in writing of the denial and the rationale. This decision is not appealable and ends that party’s opportunity for appeal.

Within ten (10) school days after the deadline for the parties to submit their statements in support of the finding of non-responsibility, responsibility or sanction the Appellate Board will review the appeal and relevant materials and decide whether to uphold, remand, modify, or overturn the finding of non-responsibility, responsibility, or sanction regarding responsibility.

4. Appellate Board Outcome Decision

After the conclusion of the review, the Appellate Board will notify both parties, in writing, of the result of the appeal and the rationale for the result. This timeframe could be extended based on a number of factors and variables. The parties will be notified of any delays.

Appeal decisions are to be deferential to the original determination, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions apply the preponderance of the evidence standard. An appeal is not an opportunity for the Appellate Board to substitute their judgment for that of the original Student Conduct Committee merely because they disagree with the finding and/or sanction(s). The Appellate Board may consult with the Dean of Students or designee or the Student Conduct Administrator on questions of procedure or rationale, for clarification, if needed. The Dean of Students or designee will maintain documentation of all such consultation.

Once a decision is upheld on appeal, the outcome is final and constitutes the Final Determination; further appeals are not permitted.  In cases where remand is granted and that results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the six available appeal grounds. In cases where the Appellate Board’s decision is to modify or overturn a finding of non-responsibility, responsibility, or sanction that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.

5. Failure to Comply

All Respondents are expected to comply with the assigned educational sanctions within the timeframe specified by the Appellate Board. Failure to abide by the sanction(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s), including suspension, expulsion, and/or termination from the College.

Individual disciplinary files that contain cases that have suspension or expulsion as an outcome shall be kept permanently on file. All other individual files shall be kept for a minimum of seven (7) years after any sanctions expire, or administrative disposition concludes unless they are expunged (as described below).

A student's permanent academic record is their official Parkland College transcript. Expulsion is the only disciplinary record that will be added to the student's Parkland College transcript.

Students may request to have their disciplinary records expunged under the conditions listed below. Expungement shall be at the sole discretion of the Dean of Students or Vice President for Student Services and shall require the entire record to be expunged or none of it to be expunged (i.e., no partial expungements shall be allowed).

Conditions include:

1. Application for expungement shall occur only upon completion of all degree or certificate requirements and at a minimum of two years after the conclusion of sanctions or administrative disposition.
2. Students who have been suspended or expelled are not eligible for expungement. Expungement may occur only for students who have sanctions other than suspension or expulsion and whose violations were determined by the Dean of Students or Vice President for Student Services to have not threatened or endangered the health or safety of any person.
3. Expungement decisions shall be made based on obvious long-term improvement in behavior, or lack thereof, (e.g., no violations of the student code for two or more consecutive semesters prior to graduation), and/or evidence, or lack thereof, of cooperation in previous student judicial matters, and/or any other reasonable factor.

*This process language was adapted from Western Michigan University https://wmich.edu/conduct/expunge-conduct-record