Rights of Students and Recognized Student Organizations
Each Pensacola State College student and recognized student organization is entitled to certain procedural rights and guarantees in the student conduct process. The rights outlined below are not exhaustive but serve as guidelines to ensure that all students and recognized student organizations are treated fairly. Due process will be provided in the adjudication of alleged violations(s) and charges under the College Student Code of Conduct. The following due process protections are provided to all students and/or registered student organizations charged with violations of the Student Code of Conduct.
Any charged student/registered student organization has the right to a timely written notice which provides notice of the alleged violation(s) and sufficient details and sufficient time to prepare for any disciplinary proceeding. The written notice must provide the following:
1. The allegation(s) to be investigated;
2. The citation to the specific provision of the Student Code of Conduct;
3. The process to be used in determining whether a violation has occurred and associated rights; and
4. The date, time, and location of the disciplinary proceeding.
The written notification is considered timely if it is provided to the student or recognized student organization at least seven (7) business days before the disciplinary proceeding by the Office of Institutional Equity and Student Conduct. The student or registered student organization may waive this right to a seven (7) day advanced notification. The written notification will be delivered via PirateMail to the student or registered student organization and serves as constructive notice of the disciplinary proceeding. If the student is under the age of 18, then written notification may be sent to address/email of a parent or guardian.
A student or recognized student organization may inspect the related conduct file upon request to the Office of Institutional Equity and Student Conduct in advance of the disciplinary proceeding. At least five (5) business days before the disciplinary proceeding, the College must provide the following to the student or registered student organization.
1. A listing of all known witnesses that have provided, or will provide, information against the student or registered student organization; and
2. All known information relating to the allegation, including inculpatory and exculpatory information.
The student or registered student organization may waive this right to a five (5) day advanced notification.
All students or student organizations have the following rights:
1. The right to a presumption that no violation occurred. The College has the burden to prove, by a preponderance of the evidence, that a violation has taken place. Preponderance of the evidence means that the information presented supports the finding that it is more likely than not that the violation of the Student Code of Conduct was committed by the student or registered student organization.
2. The right to an impartial hearing officer.
3. The right against self-incrimination and the right to remain silent. Such silence may not be used against the student or student organization.
4. The right to an advisor or advocate, such as the PSC Student Ombudsman, who may not serve in any other role, including as an investigator, decider of fact, hearing officer, member of a committee or panel convenes to hear or decide the outcome of the charge(s); the right to have and advisor, advocate, or legal representative, at the student’s or student organization’s own expense, present at any disciplinary proceeding. Such person may directly participate in all aspects of the proceeding, including the presentation of relevant information and questioning of witnesses.
5. The alleged student or recognized student organization has a right to utilize the College Ombudsman at no cost. The use of the Ombudsman is at the sole discretion of the charged student/student organization. The College Ombudsman will be assigned from a pool of staff who have been trained to provide guidance and advice throughout all disciplinary proceedings.
6. The right to appeal the final decision of the administrative hearing officer or the Student Conduct Review Board directly to the Vice President, Administrative Services and General Counsel, or designee, who will receive the appeal and render a final decision. The Vice President, Administrative Services and General Counsel, or designee, who receives the appeal may not have directly participated in any other proceeding related to the charged violation(s).
7. The right to an accurate and complete record of every disciplinary proceeding relating to the charged violation(s) of the code, including a record of any appeal, to be made, preserved, and available for copying upon requests by the charged student or student organization.
A written decision will be sent to the alleged student or recognized student organization within five (5) business days following the hearing. This time may be extended for cases in which additional time is needed for deliberations. If additional time is needed, the student or recognized student organization will be notified. At any time during the student conduct process, the alleged student or recognized student organization has the right to meet with staff from the Office of Institutional Equity and Student Conduct to discuss the incident and be informed of the entire student conduct process.
Formal Hearing Process
- The student shall receive written notification of the alleged violations and charges under the College’s Student Code of Conduct along with the date, time, and location of the hearing. The written notification will be provided to the student or recognized student organization at least seven (7) business days prior to the hearing by the Director of Student Conduct, or designee. The written notification will be delivered via PirateMail and serves as constructive notice of the formal hearing. Five (5) days in advance of the hearing, the College will provide the student or registered student organization all relevant information related to the allegations/charges(s) and a list of witnessed the College may call during the hearing.
- The formal hearing will be recorded. The formal hearing may take place in either of the following formats and in most instances, the student or recognized student organization will choose the hearing format. The College reserves the right to make the final determination on the hearing format.
- Student Conduct Review Board: The Office of Institutional Equity and Student Conduct shall convene the Student Conduct Review Board. The Student Conduct Review Board shall, at a minimum, consist of one (1) member of the faculty, one (1) member of the College staff, and one (1) member of the student body; or
- Administrative Hearing: The Office of Institutional Equity and student Conduct shall convene an administrative hearing which will be conducted by a single administrator.
- The Director of Student Conduct, or designee, shall present the evidence associated with the alleged violation of the College Student Code of Conduct. The Director of Student Conduct, or designee, may also call witnesses as part of the presentation of evidence. The charged student or recognized student organization will be able to hear all evidence and may question any witnesses presented by the College.
- The student or recognized student organization shall be entitled to appear in person and to present the defense to any alleged violations and charges directly to the Student Conduct Review Board or the Hearing Administrator. The student or recognized student organization may call witnesses on their behalf. Students or recognized student organizations may bring an advisor to the hearing. If the student or recognized student organization does not appear and has not provided satisfactory justification to the Director of Student Conduct for non-appearance, the hearing shall be held in the student’s or recognized student organization's absence.
- Following the hearing, the Student Conduct Review Board or Hearing Administrator will determine if the student or recognized student organization is responsible for the alleged conduct violations. The deliberations by the Student Conduct Review Board or Hearing Administrator are closed and are not recorded. If a student or recognized student organization is found responsible, the Student Conduct Review Board or Hearing Administrator will recommend disciplinary sanctions. The Director of Student Conduct may accept the recommendation(s), reject the recommendation(s), modify the recommendation(s), or request the Student Conduct Review Board or Hearing Administrator to reconvene to further review the evidence in the case.
- All decisions of the Student Conduct Review Board or Hearing Administrator are based upon the preponderance of evidence standard. The determination by any Student Conduct Review Board or Hearing Administrator shall be made on the basis of whether it is more likely than not that the student or student organization violated the Student Code of Conduct. Formal rules of process, procedure, and/or technical rules of evidence, such as those applied in criminal or civil court, are not used in the College’s formal hearing process.
- The Director of Student Conduct will officially notify the student or recognized student organization of the determination of responsibility and the nature of sanctions. This notification will be in writing and will be sent to PirateMail.
Sanctions
The following sanctions may be imposed upon any student or recognized student organization found to have violated the Student Code of Conduct or other College policies. More than one (1) sanction may be imposed for any single violation. Some sanctions require completion by a specific deadline. Failing to complete any sanction(s) by required deadlines will result in additional sanctions. Sanctions include, but are not limited to, the following:
1. Class Removal or Reassignment: Removes a student from a class or requires a student to move into a different class or section. Students may also be instructed not to return to class until they have met with the Executive Director, Institutional Equity and Student Conduct.
2. Community Service: Requires a student or recognized student organization to complete hours of service to Pensacola State College or the Pensacola community.
3. Counseling: Requires a student to meet with a professional counselor or other third-party who can provide an assessment regarding the student’s ability to positively transition back to the College environment and is able to act in a way that does not harm self, others, or the community. The student would be responsible for any costs of this assessment.
4. Educational Sanctions: Includes, but is not limited to, the requirement of the completion of an educational assignment or assessment such as a research paper, program presentation, or attendance at a College event.
5. Expulsion: A permanent separation of the student from Pensacola State College.
6. Fines/Restitution: An amount of money applied to the student account for the violation of a policy or compensation for loss, damage, or injury to the College or another individual.
7. Leadership Restriction: Students will not be allowed to serve in leadership positions for academic or co-curricular organizations and may not participate in College-sponsored travel.
8. Loss of Privileges: A denial of specified privileges for a designated time period, such as restriction from certain buildings, inability to hold events, or restrictions on student travel. Students may also receive a Trespass Warning from the Office of Public Safety restricting access to any College property for a specific time period.
9. Loss of Recognized Student Organization Status: A loss of all privileges including College recognition as a student organization for a specified time period.
10. Probation: Probation for a designated period that includes the probability of more severe disciplinary sanctions, if the student or recognized student organization is found to violate any College policies during the probationary period.
11. Suspension: A separation of the student from Pensacola State College for a definite time period, after which the student may be eligible to return.
12. Withholding Degree: A withholding of the awarding of a degree otherwise earned until the completion of the process set forth in the Student Code of Conduct.
13. Written Warning: A formal or informal notice in writing to the student or recognized student organization indicating a violation of College policies.
Conduct Records Retention
The non-academic records of any student or recognized student organization charged with an alleged violation of the College’s Student Code of Conduct and applicable student conduct process shall be maintained in the Office of Institutional Equity and Student Conduct. The records will be maintained and purged in accordance with state-approved records retention schedules.