Student Standards of Conduct & Disciplinary Process (G/P)

Purpose

Austin Community College District (“ACC” or “the College”) promotes the exchange of knowledge in an environment that encourages reasoned discourse, intellectual honesty, and respect for the rights of all persons. In support of this goal, the primary purpose of the following Student Standards of Conduct and Disciplinary Process is to educate and guide students to understand their responsibilities regarding appropriate behavior and respect for others in the College community.

Definitions

“Academic misconduct” refers to the action of any student that compromises the academic integrity of an individual course or program of study or subverts the educational process as defined in the Academic Integrity and Disciplinary Process Guideline/Procedure (G/P) 6.1202.01.1.
“Business days” refers to weekdays (Monday through Friday from 8 a.m. to 5 p.m.) excluding holidays and ACC closures.
“Complainant” is the individual or group who reports an incident as a violation of the Student Standards of Conduct.
“Conduct Notification Report” is an incident report with information that describes an alleged violation of the Student Standards of Conduct.
“Disciplinary Action” means proceedings under Section 5.
“Disruptive Activities” are defined as:
- Obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization from ACC;
- Seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;
- Preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by ACC so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;
- Disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or
- Obstructing or restraining the passage of a person at an exit or entrance to ACC property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the College without the authorization from ACC.
“Disruptive Conduct” is when a student engages in conduct or promotes or incites conduct that interferes or disrupts the learning environment or any ACC activity.
“Due process” is the right to fair procedures during the disciplinary process that provides a student with notice and an opportunity to respond to alleged violations of the Student Standards of Conduct.
“Hearing” is the formal process for determining if a student violated the Student Standards of Conduct.
“Interim suspension” is an immediate temporary separation from ACC.
“No contact order” is a directive to cease all communication and contact with one or more individuals for a specified period when there is reasonable belief that the directive is necessary to protect the health, safety, or welfare of any member of ACC or the ACC community, including to prevent retaliation or harassment. The directive prohibits the student from communicating or contacting the identified individual(s) through friends, relatives, acquaintances, social media, or other means, except as set out in the directive.
“Notice” is the correspondence sent to the respondent by the Dean of Student Affairs.
“Peer advocate” is a person, including an attorney^[1], who may appear and confer with the respondent during a student conduct conference, hearing, and interim suspension meeting, but may not speak on behalf of the student.
“Preliminary conference” is the first meeting a student will have with the Dean of Student Affairs or designee to discuss the allegations.
“Preponderance of evidence” is the evidentiary standard that a violation has “more likely than not to have occurred”.
“Probation” is the placing of a student on notice who continued violations or misconduct may result in suspension or expulsion from ACC.
“Procedures” are student disciplinary steps outlined in ACC’s Student Standards of Conduct.
“Respondent” is the student alleged to have engaged in conduct that violates the Student Standards of Conduct or any ACC policy.
“Retaliation” is any adverse action taken against a person for making a good faith report of a violation of ACC policies, rules, and/or the law, or for participating in any proceeding related to the investigation or resolution of such report. 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 decision of “not responsible” on the allegations. Retaliation does not include good faith actions lawfully pursued in response to a report. Violation of an interim, remedial, or protective measure will be considered retaliation.
“Sanction” refers to the penalty for violation of a policy provision or ACC policy.
“Student” is (1) An applicant; (2) Currently enrolled in ACC; or (3) An active student. Active students are defined as currently enrolled students, plus 12 months after the last day of the last course the student was enrolled in. The above-referenced criteria include credit and noncredit students regardless of method of delivery. For purposes of these procedures, individuals who are not currently enrolled, or do not fall under the definition of an active student, are still subject to the disciplinary process if the conduct occurred while they were enrolled, or the individual has been issued a disciplinary sanction that is still pending.
“Suspension” is temporary removal from ACC for a set period of time and/or until stated conditions have been met.
“Threatening behavior” is when a student knowingly initiates or communicates an action that would reasonably cause a person to feel that their health or safety is at risk.

Guidelines

1. Student Rights

1. 1. Educational Expectations
    Austin Community College students are guaranteed certain rights as citizens of the College community.
    1. Students have the right to receive a detailed syllabus within the first week of class for each course in which they enroll.
    2. Each syllabus should include course policies, instructor expectations, and grading standards.
    3. Students have the right to timely and fair evaluation of their work.
    4. Students have the right to expect faculty to post and maintain office hours.
    5. Students have the right to have access to academic guidance and clear expectations for credential and graduation requirements.
    6. Students have the right to learn in an environment that supports the freedom of expression and association.
  2. Due Process and Preponderance of Evidence
    Students have the right to due process in regard to any complaint or disciplinary action brought against them. ACC disciplinary procedures respect the due process rights of students. Due process includes:
    1. Notice to the student of charges they are facing;
    2. The right to know the evidence in support of the allegation;
    3. The right to know the name of the complainant; and
    4. The opportunity to present their version of events and facts.

Preponderance of evidence standards is used in resolving allegations of misconduct. This standard is met if the information indicates that it is ‘more likely than not’ that a violation occurred.

2. Student Responsibilities

Students are responsible for conduct compatible with the mission and values of ACC as an educational institution.

The following are the expectations of being a responsible student.

1. 1. Comply with classroom policies and procedures, including distance learning environments, programs, ACC-sponsored events or activities (on and off campus), including off-campus clinical rotations/field, internships, intramural activities, and student organizations/clubs.
  2. Comply with all applicable ACC policies and procedures and all local, state, and federal laws.
  3. Respect the learning environment, including all ACC property and premises.

An ACC-sponsored event or activity is defined as any event or activity on or off campus, in-person, by phone, text, chat, discussion board, or virtual environment that are initiated, aided, authorized, or supervised by ACC.

1. 1. 1. Misuse of college computers, technology, and other electronics
      Students have the responsibility to adhere to rules regarding the use of ACC computers, technology, and other electronic resources. Specific violations include, but are not limited to, the following:
      1. Installing or modifying any software or hardware without approval;
      2. Violating the rights of others, including that of privacy;
      3. Violating policies, rules, or agreements signed by the student regarding the use of technology resources;
      4. Attempting to infiltrate unauthorized networks or systems, or attempting to damage or alter software, hardware, or data;
      5. Deliberately disrupting or interfering with others’ approved use of information systems;
      6. Violating license restrictions or copyrights;
      7. Producing advertisements or solicitations for non-ACC related purposes;
      8. Using the Internet or other electronic communications to threaten ACC students, employees, visitors, or volunteers;
      9. Sending, posting, or possessing electronic messages that are obscene, sexually explicit, abusive, threatening, harassing, bullying, damaging to another’s reputation, or illegal;
      10. Using any ACC computer, facility, equipment, software, network, or other resource, including email
        
        For any activity other than that for which access or use was assigned or authorized; or
        
        To commit or attempt to commit acts prohibited under ACC policy and/or applicable federal, state, or local laws.
    2. Misconduct
      Students have the responsibility not to impair, interfere with, or obstruct the orderly conduct, process, or function of ACC or any of its students, faculty, staff, or guests. Threatening acts, direct or implied, concerning harm to others, illegal or unlawfully carried weapons, and/or explosives will be immediately addressed and reported to the necessary authority to ensure a threat is not imminent and individuals affected by the threat are notified and safe. Specific violations include, but are not limited to, the following:
      1. Acting in a manner that significantly interferes with any ACC teaching, administrative, disciplinary, public service, or other authorized activity inside or outside the classroom and at ACC off-campus events;
      2. Acting in a manner that endangers the health, safety, or welfare of others at ACC, including at ACC off-campus events;
      3. Engaging in conduct of a harassing nature that does not constitute illegal harassment. Examples of this type of conduct may include, but are not limited to persistent, unwelcome teasing or offhand or offensive comments; pranks; a pattern of electronic, verbal or written communications that involve indecent, obscene, or inappropriate content; or a pattern of electronic or personal (written or verbal) communications and interactions that are not welcomed or reciprocated by the recipient. Harassing behavior of this nature should cease to occur after notice is given that it is unwelcome, or an individual communicates they want the behavior to stop;
      4. Destroying, damaging, misusing, or defacing ACC property;
      5. Engaging in disruptive activities including interfering with the freedom of movement of another person, right of another to enter, use, or leave any ACC building, facility, property, service, resources, or activity;
      6. Engaging in disruptive conduct including when a student promotes or incites conduct that interferes or disrupts the learning environment or any ACC activity;
      7. Refusing to comply with the directions of ACC personnel, including District Police, in the performance of their duty;
      8. Failure to provide identification when requested by ACC personnel;
      9. Possessing and/or using ACC keys/cards without authorization;
      10. Providing false or misleading information to ACC or its representatives;
      11. Failing to comply with the terms of any disciplinary sanction imposed in accordance with the Student Standards of Conduct;
      12. Forging, using, or altering any ACC document, record, or ID without authorization;
      13. Retaliation against an individual who has brought a complaint forward, or an involved person in a Student Standards of Conduct investigation, or participated in an investigation;
      14. Violation of any ACC policy;
    3. Prohibited Drug and Alcohol Usage
      ACC complies with local, state, and federal laws and penalties regarding the unlawful use of drugs and alcohol. The following are violations of the Student Standards of Conduct:
      1. Unless under the direction of a physician, the use, possession, control, manufacture, transmission, or sale, or being under the influence, of a drug or narcotic, as defined by the Texas Controlled Substances Act;
      2. The use, possession, control, manufacture, transmission, or sale of paraphernalia related to any prohibited substance;
      3. The use, possession, control, manufacture, transmission, or sale, or being under the influence, of alcohol or other intoxicating beverage without the permission of the Chancellor, or designee;
      4. Being under the influence of drugs or alcohol that was legally consumed, which causes disruption to the learning or working environment, or poses a concern of safety.
    4. Illegal Acts
      Students have the responsibility to adhere to all local ordinances as well as state and federal laws while on ACC premises or at ACC-sponsored events. Illegal acts include, but are not limited to, the following:
      1. Possession or use of firearms or other weapons not in accordance with the Campus Carry Law which is outlined on ACC’s website at the following link: https://www.austincc.edu/about-acc/campus-carry/policy. Students are responsible for reviewing this information and adhering to the requirements. It is not a violation of this policy when possession or use of firearms or other weapons is for educational purposes with prior written approval of the professor or faculty sponsor, campus manager, and the District Police;
      2. Gambling on ACC property or using ACC technology and devices. Gambling making a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest; making a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or playing and betting for money or other things of value at any game played with cards, dice, balls, or any other gambling device;
      3. Theft/Possession of stolen property or service is engaging in the taking, misappropriation, or possession of ACC property or the property of another including anything of value, goods, services, funds, and/or other valuables or possession of property that can be reasonably determined to have been stolen;
      4. Assault, includes but is not limited to physical assault (slapping, kicking, shoving, fighting, or otherwise striking a person), threats of violence, or other conduct that endangers the health and safety of any person. For sexual assault, dating violence, or domestic violence, please refer to Administrative Rule (AR) 6.0100.01 Prohibition of Sexual Misconduct;
      5. Attempted assault is an act that intends to physically harm a person or otherwise threaten the health and safety of any person, but fails or falls short;
      6. Terroristic threat is a written or verbal communication, either directly or indirectly, to engage in an act of violence with intent to terrorize or cause evacuation, lockdown, or general disruption of ACC operations;
      7. Threatening behavior is when a student knowingly initiates or communicates an action that would reasonably cause a person to feel that their health or safety is at risk;
      8. Stalking occurs when a person engages in a course of conduct (two or more acts, including but not limited to, acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to) directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. Examples of stalking include, but are not limited to, non-consensual communication including in-person and cyber communication, telephone calls, voice messages, email messages, social networking site postings, instant messages, postings of pictures or information on websites, written letters, gifts, or any other communications that are undesired and/or place another person in fear. Stalking that is defined in AR 6.0100.01 should be addressed through that rule’s corresponding G/P. Prior to initiating the disciplinary process for a stalking allegation, consultation with the ACC’s Title IX Coordinator is appropriate;
      9. Hazing, including, but not limited to, any action or situation, with or without consent of the student, which intentionally or recklessly endangers the mental or physical health or safety of a student for the purpose of initiation or admission into any organization operating under the sanction of the Austin Community College District;
      10. Falsely reporting, by any means, the presence of an explosive, incendiary device, fire, or other safety hazard;
      11. Failure for Released or Paroled Sex Offenders to notify the ACC District Police Department within seven (7) days of registering for classes;
      12. Violation of any state or federal law not specifically listed in this policy;
    5. Prohibition of Discrimination and Harassment
      ACC is committed to protecting the rights and dignity of its students and does not tolerate any form of illegal discrimination or harassment. The investigative, adjudicative, and disciplinary procedures in response to complaints of discrimination and harassment are addressed in the following policies, with the exception of reports of religious discrimination.
      1. Prohibition of Sexual Misconduct: AR 6.0100.01
        
        Title IX Grievance Procedures G/P 6.0100.01.1
        
        Sexual Misconduct Investigation G/P 6.0100.01.2
        
        Prohibition of Discrimination or Harassment of Students on the Basis of Disability, Race, Color or National Origin: AR 6.0100.02 and G/P 6.0100.02.1.
      Reports of religious discrimination against students are investigated in accordance with the procedures outlined in this policy.
    6. Solicitation, sales, and canvassing
      ACC prohibits solicitation, sales, or canvassing (for any purpose) by students or non-students on ACC premises except with the written permission from the campus manager, subject to the approval of the Dean of Student Affairs. Similarly, no concessions for profit may be operated on ACC property without the written permission from the Student Life Office and/or the campus manager, subject to the approval of the Dean of Student Affairs.
    7. Academic Misconduct
      Reports of Student Standards of Conduct violations outlined in this section may be addressed through the Academic Integrity Disciplinary Process. Academic misconduct refers to the action of any student that compromises the academic integrity of an individual course or program of study or subverts the educational process as defined in the Academic Integrity and Disciplinary Process (G/P) 6.1202.01.1.
      Academic misconduct is managed by instruction; however, a Dean of Student Affairs may address academic misconduct following the process outlined below for general disciplinary action.
      Academic misconduct shall include, but not be limited to, cheating, plagiarism, and collusion.

“Cheating” shall include, but shall not be limited to:

1. 1. 1. 1. Copying from another student’s test or class work;
        
        Using test materials not authorized by the person administering the test;
        
        Collaborating with or seeking aid from another student during a test without permission from the test administrator;
        
        Knowingly using, buying, selling, stealing, or soliciting, in whole or in part, the contents of an un-administered test, paper, or another assignment;
        
        The unauthorized transporting or removal, in whole or in part, of the contents of the un-administered test;
        
        Substituting for another student, or permitting another student to substitute for one’s self, to take a test;
        
        Bribing another person to obtain an un-administered test or information about an un-administered test; or
        
        Manipulating a test, assignment, or final course grades.

“Plagiarism” shall be defined as using, buying, receiving, or obtaining another’s work and the unacknowledged submission or incorporation of that other’s work in one’s own work.

“Collusion” shall be defined as the unauthorized collaboration with another person for fulfillment of course requirements.

3. Temporary Dismissal from a Course

Faculty may temporarily dismiss a student from a course for that particular day if the student is being disruptive to the learning environment. Faculty must submit a student conduct report if they dismiss a student from the class session. The student shall not return to class until a meeting with the Dean of Student Affairs, or their designee, has taken place. It is important to ensure that students are not withdrawn from class without complying with proper due process and respecting their student rights and ACC policies.

4. Correspondence During Process

The ACC-issued email address is the official method of corresponding with students or email on a student’s record if the student does not have an activated ACC email. However, correspondence may be sent via U.S. Mail, to the student’s official address on file in the Admissions and Enrollment Office. Students are responsible for ensuring their mailing address is current and for monitoring their ACC-issued email account.

5. General Disciplinary Action Process

1. 1. 1. 1. Procedures
        Violations of the Student Standards of Conduct are investigated by the Dean of Student Affairs. Exceptions to this occur when a student violates a program-specific policy or violations of the Student Standards of Conduct are discovered in the course of an investigation under another policy or rule. A Conduct Notification Report detailing alleged violations of the Student Standards of Conduct by an ACC student must be completed.

ACC will continue the disciplinary process even if a student withdraws from a course. If a student withdraws from ACC prior to final resolution of the disciplinary process that may result in the student becoming ineligible to re-enroll for a non-academic or non-financial reason, ACC may not end the disciplinary process until a final determination of responsibility, including, if applicable, a determination of whether the student will be ineligible to re-enroll at ACC and shall include on the student’s transcript the notation required under 19 Administrative Code 3.30(b) if, as a result of the disciplinary process, the student is ineligible to re-enroll in the postsecondary educational institution for a non-academic or non-financial reason.

The general disciplinary procedure is as follows:

1. 1. 1. 1. The alleged violation must be reported using a Conduct Notification Report and submitted to the appropriate Dean of Student Affairs. This process will also be utilized in response to the receipt of a District Police Incident Report referring conduct that can be addressed under this policy.
        
        The Dean of Student Affairs will conduct a preliminary review of the allegation which may include convening separate conferences, with the complainant and the respondent, and witnesses, if applicable, to understand the nature of the alleged violation.
        
        After completing the preliminary review, the Dean of Student Affairs may notify the respondent in writing (via ACC email or email on a student’s record if the student does not have an activated ACC email) of the allegation and summon the respondent for a conference at which time they will have the opportunity to respond and to present information to support their version of the facts. The notice shall contain the specific allegations the student is being accused of and a summary of any evidence against the student. A respondent has at least three (3) business days after receipt of written notice of the alleged conduct violation to prepare for the conference. Receipt of written notice is considered the date the email is sent.
        The student is responsible for responding to the summons letters to schedule the conference with the Dean of Student Affairs. Failure of the student to respond to the summons letter does not halt the continuation of the process. The student may appear alone or with a peer advocate (who may be an attorney), who may confer with the student but may not speak on behalf of the student. ACC will not communicate or correspond with the peer advocate. All communication and correspondence will be sent directly to the student. If a student is represented by legal counsel, ACC’s legal counsel may attend any meeting within the student conduct process.

1. If in the course of the preliminary review or initial summons conference, the respondent acknowledges that the allegation reviewed and evidence presented in support of the allegation accurately and factually represent the series of events and the respondent accepts responsibility for their actions, then the investigation phase ends.
2. The case is immediately moved to the outcome and sanction phases, a combined process that involves the Dean of Student Affairs and respondent acknowledging responsibility in the written determination from the Dean of Student Affairs.

The Dean of Student Affairs will investigate the alleged violation and complete the investigation within fifteen (15) business days. The investigation may include but is not limited to a review and consideration of information shared by the complainant and respondent, in addition to interviewing any witnesses identified by either party as having information related to the alleged misconduct. Character witnesses are not considered witnesses that have information related to the allegation and will not be interviewed. Should any follow up be required to clarify information received or to obtain additional information, the parties will be contacted by the investigating Dean of Student Affairs to schedule an additional conference.
Once the investigation is complete, the Dean of Student Affairs will make a written determination regarding responsibility including a summary of the findings for each charge, evidence supporting the findings, and disciplinary sanctions, if any.
Interim Suspension
Depending on the severity of the alleged conduct violation, and conduct history, a student may be issued an interim suspension at any point in the process, pending completion of disciplinary proceedings.
Interim suspension may be imposed to ensure the physical safety or emotional well-being of the ACC community and/or prevent the respondent from engaging in any disruptive or destructive activity on property owned or controlled by ACC or at any ACC-sponsored in-person and online event or activity. Interim suspensions will be supported by evidence that the continued presence of the student at ACC may pose a significant threat to others, to ACC property, or to the stability and continuance of normal ACC functions. The interim suspension is effective immediately on the date notification is issued.
The Dean of Student Affairs may impose an interim suspension not to exceed ten (10) College business days.
During the interim suspension period, the student remains responsible for the learning outcomes (readings, assignments, exams).
1. Right to a meeting: A student issued an interim suspension will be given an opportunity to meet with the Dean of Student Affairs within three (3) business days. The student may appear alone or with a peer advocate (who may be an attorney), who may confer with the student but may not speak on behalf of the student. If a student is represented by legal counsel, ACC’s legal counsel may attend any meeting within the student conduct process. The conference is limited to discussion about the reliability of the information concerning the student’s conduct, and whether the conduct and surrounding circumstances reasonably indicate that the student’s presence poses a substantial and immediate threat to himself or herself or to others or to the stability and continuance of normal ACC functions.
2. Appealing an interim suspension: The student may submit a written request to appeal the interim suspension with the appropriate Regional Executive Dean of Student Affairs. The request is limited to the reliability of the information concerning the student’s conduct, and whether the conduct and surrounding circumstances reasonably indicate that the student’s presence poses a substantial and immediate threat to themself, to others, to ACC property, or to the stability and continuance of normal ACC functions. The Regional Executive Dean of Student Affairs will affirm or rescind the interim suspension and provide notification to the student within two (2) business days of the request.
Sanctions
1. The Dean of Student Affairs has the authority to issue sanctions including, but not limited to, the following:
  1. 1. Restitution: Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damage.
    2. Educational sanction may include but is not limited to apology letter, writing assignment, community services, and referral to ACC resources.
    3. Reprimand: A verbal or written warning following a rule violation. Repetition of such a violation may result in more severe disciplinary action; and
    4. Probation: The placing of a student on notice that continued violations or misconduct may result in suspension or expulsion from ACC. For the duration of a stated probationary period, a student must comply with ACC’s rules and regulations as well as any stipulated conditions or requirements or risk further sanctions.
2. The following sanctions may be recommended by the Dean of Student Affairs, but are subject to the review and approval of the appropriate Regional Executive Dean of Student Affairs.
  1. 1. Restrictions/Loss of Privileges: Restriction or loss of privileges as a student for a specified period of time, including but not limited to: attending ACC events and/or activities; accessing ACC property or specifically designated areas on campus; or participating in student clubs or organizations;
    2. No Contact Order: A no contact is a directive to cease all communication and contact with one or more individuals for a specified period of time;
    3. Withdrawal from course(s) that does not result in suspension from ACC;
    4. Suspension: Temporary removal from ACC for a set period of time and/or until stated conditions have been met. To earn re-entry to ACC, a respondent is required to participate in a pre-enrollment structured interview. The purpose of a structured interview is to determine if the student is ready to return to ACC. The interview does not guarantee re-entry to ACC.
      Suspensions may exceed one (1) semester. A student who is suspended may not enter ACC property without permission from the Dean of Student Affairs, and further loses all privileges to participate in any ACC in-person and online activities or organizations; and
    5. Expulsion: Permanent separation from ACC. A student receiving disciplinary expulsion is permanently prohibited from enrolling in classes at ACC. A student who is expelled may not enter ACC property without permission from the Dean of Student Affairs, and further loses all privileges to participate in any ACC activities or organizations. This shall be noted in the student’s permanent record, and a permanent bar to enrollment will be imposed.
Written Notification of Outcome of Investigation
Within ten (10) business days of the completion of the investigation the respondent will be notified by the Dean of Student Affairs of the outcome in writing (via ACC email or email on a student’s record if the student does not have an activated ACC email). The notice will include the findings, any resulting sanction(s), and the deadline and process for an appeal in accordance with Section E below.
The recommendation of sanctions specified in Section 5.C.2, are subject to the following review and approval process before notification can be sent:
1. 1. 1. 1. Before a Section 5.C.2 sanction is issued or considered final, the appropriate Regional Executive Dean of Student Affairs must review the Dean’s findings and recommendations. Any written statements submitted by the complainant or respondent in relation to the allegations, must be included in the review.
      2. Upon review of the findings and recommended sanction(s), the Regional Executive Dean of Student Affairs may approve, modify, or reverse the recommended sanction(s).
The Regional Executive Dean of Student Affairs will refer any sanctions recommending suspension or expulsion to the Student Conduct Panel process, beginning in Section F- Student Conduct Panel procedures. A student is not required to submit an appeal if the recommended sanction is suspension or expulsion as a Student Conduct Panel will convene automatically.
Appeals to the Student Conduct Panel
1. Within five (5) business days following the receipt of written notification from the Dean of Student Affairs of a sanction outlined in Section 5.C.2, the student may request an appeal to the Student Conduct Panel (SCP). Appeals must be submitted in writing to the designated Regional Executive Dean of Student Affairs subject to the limitations below:
  1. Appeals to the SCP are limited to the following parameters:
    - Procedures were not properly followed as outlined in the Student Standards of Conduct & Disciplinary Process; or
    - New or newly discovered information which substantially affects the outcome of the hearing has been discovered; or
    - Evidence of bias in the proceedings.
  2. The request must include supportive documentation substantiating one (1) or more of the three (3) above stated parameters. The appropriate Regional Executive Dean of Student Affairs will review the request and documentation to determine if a SCP will convene. Any requests submitted that do not include the parameters outlined above will be automatically denied. If the request is granted, the designated Regional Executive Dean of Student Affairs will appoint a Dean of Student Affairs not associated with the case to serve as an Administrative Dean of Student Affairs who is responsible for organizing and conducting the SCP. The Administrative Dean of Student Affairs will serve as the SCP Chair.
  3. Within five (5) business days following notification of the student’s request, the designated Regional Executive Dean of Student Affairs will notify the student if a hearing will be convened and, if so, the name of the SCP Chair for the Student Conduct Appeal process. If approved, the SCP will convene within ten (10) business days from the student’s receipt of notification that a hearing will be convened.
  4. The SCP will convene as needed to review cases. SCP hearings are closed to the public, except for members of the student’s family and any advocate appointed by the student. The student and peer advocate (who may be an attorney) may confer privately during the hearing; however, only the student is permitted to address the SCP. If a student is represented by legal counsel, ACC’s legal counsel may attend any meeting within the student conduct process. The student must respond to all inquiries from the SCP.
  5. The decision of the SCP to affirm, modify, or dismiss the finding of the Dean of Student Affairs will be communicated by the SCP Chair. The decision of the SCP is final and is not subject to further appeal.
Student Conduct Panel Procedures
A SCP is convened and chaired by a SCP Chair at the request of a Regional Executive Dean of Student Affairs.
1. Composition and Appointment.
  The SCP Chair will appoint the members of the SCP. A SCP is composed of four (4) members who must be neutral and unbiased and have not participated in decisions related to, nor had direct knowledge of the case:
  1. 1. Designated SCP Chair (Non-voting member)
    2. Instructional Faculty representative (Dean, Department Chair, Full/Time Faculty, Adjunct Faculty) (Voting member)
    3. Student Affairs Representative (Voting member), Full-Time Employee)
    4. Student Government Representative (Voting member)
2. Student notification: The SCP Chair will notify the student in writing of the SCP hearing date. The notification will include:
  1. 1. The date, time, and place where the student is to appear.
    2. A statement of the charges against the student.
    3. A description of the parameters that form the basis of the appeal.
    4. A statement that the parties shall exchange lists of witnesses and copies of documentary evidence to be used at the hearing at least three (3) business days before the hearing.
    5. Advise the student of the right to:
      - A private hearing;
      - Appear alone or with a peer advocate (who may be an attorney), who may confer with the student but may not speak on behalf of the student to the SCP. If a student is represented by legal counsel, ACC’s legal counsel may attend any meeting withing the student conduct process. Only the student has a right to address the SCP.
      - Know the identity of each witness who will testify, unless there is reason to believe that disclosure would endanger the health and safety of the witness.
      - Call witnesses.
      - Offer evidence.
      - Testify on their own behalf.
      - Audio-record the hearing.
3. Failure to appear:
  If a student fails to appear, the hearing will proceed as scheduled with the parties who are present. The SCP is permitted to issue a ruling based on the record presented at that time.
4. Hearing Procedure:
  SCP hearings are not formal legal proceedings and are closed to the public.
  1. 1. Witnesses will be asked to affirm that their testimony is truthful.
    2. Student witnesses will be told that they may be charged with Student Standards of Conduct violations if it is found that they intentionally provided false information to the SCP.
    3. College faculty or other employees serving as witnesses will be told that they are subject to discipline under appropriate ACC rules for intentionally providing false information to the SCP.
    4. The SCP Chair may remove any person who becomes disruptive during the hearing, including the student.
    5. The process for the proceedings is as follows:
      - Introductions
      - Review of violation(s) and the pending resolution.
      - Student’s rationale for appeal.
      - Initial questions from the SCP.
      - Witness testimony.
      - Additional questions from the SCP (if needed).
      - SCP deliberation.
    6. Prospective witnesses, other than the complainant and the respondent, will be excluded from the hearing during the testimony of other witnesses.
    7. Only the SCP shall be present at its deliberations after the hearing concludes. SCP deliberations shall not be recorded or transcribed.
5. Records of the hearing: ACC will make an audio recording (or use assistive technology, if needed) of the SCP hearing. The student will be given a copy of the audiotape, if requested.

G. Hold on Student Records
In pending cases that could result in disciplinary action, the Dean of Student Affairs may place a hold on the student’s records. In cases of suspension or expulsion, the Dean of Student Affairs will place a hold on the student’s record and will notify the student in writing.

H. Cases involving criminal charges
Students may be accountable both to local, state, or federal authorities and to ACC for acts that violate the law and the Student Standards of Conduct. ACC’s disciplinary process will proceed without regard to criminal proceedings and their outcome.
If ACC is notified of an off-campus incident that may have resulted in criminal charges against an enrolled student, ACC will assess the information received to determine if the incident has a substantial connection to the interests of ACC and/or poses a safety threat to ACC or an individual or group of individuals at ACC.

I. Notice to victims of violence
Results of directly related disciplinary proceedings may be released to the victim of a violent crime or non-forcible sex offense, upon written request.

J. Disciplinary records
ACC shall maintain for every student determined to have committed misconduct, a disciplinary record that provides details regarding the violation, the disposition of the charge, and the sanction assessed, if any, and any other pertinent information. The disciplinary record shall be separate from the student’s academic record and shall be treated as confidential; the contents shall not be revealed except on request of the student or in accordance with applicable state or federal laws.
The disciplinary record shall be maintained permanently for students suspended or expelled from ACC. In all other cases, the disciplinary record will be purged after seven (7) years.

K. Misconduct – Student Organizations
A registered student organization is defined as any group whose membership consists of students currently enrolled at ACC that is: (1) registered with the Office of Student Life; or (2) affiliated with ACC through an academic department or administrative entity that supports, endorses, supervises, or recognizes the organization.
Any registered student organization that violates ACC’s Student Standards of Conduct is subject to disciplinary action as outlined in ACC’s Student Standards of Conduct, which may include suspension of a registered student organization or member, and/or revocation of registration.
Violations of the Student Standards of Conduct by a registered student organization may be filed against the student organization and/or against the individual members of the organization.

L. Misconduct – Study Abroad
“Study-abroad courses” are off campus, academic credit instruction, which is delivered outside of the United States primarily to regular on-campus students. 19 TAC 4.272(31)
ACC students studying abroad are subject to, and should be familiar with, the ACC Study Abroad Participation Agreement and ACC’s Student Standards of Conduct as well as the laws of their host country and the academic and disciplinary regulations of the host institution and/or residential housing program.
Violations of the ACC Study Abroad Participation Agreement and/or ACC’s Student Standards of Conduct by ACC students while studying abroad can lead to removal from the study abroad program and may, in addition, result in a decision by the Dean of Student Affairs or designee to impose further sanctions.

M. Misconduct – Recreational Sports and Athletics (Intramural/Club Sports)
Students participating in an intramural/club sport at ACC are expected to follow the ACC’s Student Standards of Conduct while participating in any function of an intramural/club sport. Violations of ACC’s Student Standards of Conduct while participating in an ACC intramural/club sport may result in removal from the team and/or further sanctions as determined by the Dean of Student Affairs or designee.

N. Misconduct – Instructional Programs
Students enrolled in instructional programs are required to follow the specific policies, rules, and regulations of that instructional program. Students who fail to abide by the instructional programs’ policies, rules, and regulations may be subjected to corrective actions, including but not limited to withdrawal from the program. In addition, if the student’s alleged conduct is in violation of ACC’s Student Standards of Conduct, disciplinary action may be taken by the Dean of Student Affairs or designee.

[1] The College’s legal counsel may attend any meeting within the student conduct process, including an appeal before the Student Conduct Panel, if a student is represented by legal counsel.

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