Disciplinary Procedures

Institutions governed by the TBR, in the implementation of TBR regulations pertaining to discipline and conduct of students, shall insure the constitutional rights of students by affording a system of constitutionally and legally sound procedures which provide the protection of due process of law. In furtherance of this mandate, Jackson State has established the following policies assuring that each student accused of a disciplinary offense or academic misconduct will receive due process. These policies shall be communicated to faculty, staff and students through the college’s official catalog and student handbook, on the college’s website, and through other avenues available to make the information easily accessible.

Jackson State Institutional Procedures

(a) Upon receipt of a complaint regarding a student or organization, the Dean of Students will initiate an investigation into the facts of the case, including interviews with the accused, other persons involved and witnesses.

(b) The Dean of Students will make a decision based on the facts of the case, and issue a written determination to the accused, including sanctions if applicable, and informing the student or organization of their right to an appeal through a Student Disciplinary Committee hearing or through a TUAPA hearing if the possibility of suspension or expulsion, or revocation of a student organization’s registration, are possible.

(c) TUAPA: All cases which may result in: (a) suspension or expulsion of a student, or student organization, from the institution, for disciplinary reasons or (b) revocation of registration of a student organization, are subject to the contested case provisions of the Tennessee Uniform Administrative Procedures Act (TUAPA), T.C.A. § 4-5-301 et seq., and shall be processed in accord with the Uniform Contested Case procedures adopted by the Board of Regents unless the student or organization, after receiving written notice, waives those procedures and elects to have the case disposed of in accord with institutional procedures or waives all right to contest the case under any procedure.

Hearing before the Student Disciplinary Committee, which is comprised of One (1) faculty member elected by Faculty Council; one (1) administrator, one (1) Student Services staff member and one (1) faculty member elected by administrators in Academic Affairs, Student Services and Financial and Administrative Affairs (deans and above); one (1) student selected by the student facing disciplinary action; and two (2) students selected by the Student Government Association. The Officers include a Chair and Secretary elected from the membership of the committee

(a) A student or organization accused of committing a disciplinary offense may request a hearing before the Student Disciplinary Committee, in writing, by submitting it to the Dean of Students within five (5) business day of the initial decision. When such a hearing is initiated, the following procedures shall apply:

(i) The accused student or organization shall be informed in writing of the date, time and place of the hearing not less than ten (10) days prior to the day of the hearing and shall be advised of the following rights:

(I) The right to present their case;

(II) The right to be accompanied by an advisor;

(III) The right to call witnesses in their behalf;

(IV) The right to confront witnesses against them.

(ii) The Chairperson of the Student Disciplinary Committee shall preside at the hearing.

(iii) The Dean of Students shall present the results of the investigation and make a recommendation to the Committee. Witnesses and/or statements from witnesses may be entered as evidence.

(iv) The accused shall have an opportunity to present their case in exercising any of the rights cited above.

(v) Members of the Committee shall have an opportunity to ask questions.

(vi) After all presentations and examinations of witnesses, the Committee shall retire to discuss the case and render a decision.

(vii) The decision shall be announced by the presiding officer of the hearing and provided in writing to the student or organization representative(s) within 5 days after the conclusion of the hearing. A written record of the proceedings and determination shall be maintained in the office of the Dean of Students.

(viii) The student or organization representative(s) shall be advised of their right to appeal the decision of the Student Disciplinary Committee in writing to the Vice President for Student Services or designee within five (5) working days of the Committee’s decision.

(ix) The Vice President for Student Services or designee will issue a written decision to the student or organization in writing within three (3) working days.

b. The Vice President of Student Services’ decision may be appealed, in writing, within five (5) working days of the decision, to the President of the College.

c. The President will issue a written decision to the student or organization within three (3) working days.

All matters involving allegations of impermissible discrimination, harassment, or retaliation, including, but not limited to allegations of sexual violence, will be governed by the procedures outlined in TBR Guideline P-080 Subject: Discrimination and Harassmen--Complaint and Investigation Procedure and/or an institutional policy that reflects the requirements of that Guideline.

Jackson State Procedures for Interim Suspension Hearings:

Within one working day of receipt of a written complaint, the Dean of Students will investigate and, where appropriate, notify the accused by verbal, electronic, written, and/or other device that they are being suspended on an interim basis and describing their rights and procedures. Interim suspension will only occur when it is deemed that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused, any other member of the institution, its guests, property, or substantial disruption of classroom or other campus activities.

Hearing Before the Interim Suspension Committee:

1. A student may challenge an interim suspension in writing to the Dean of Students within two (2) business days of receipt of notice of the interim suspension. Failure to request a hearing on the interim suspension within two (2) business days of receipt of notice serves as a waiver of the right to a hearing.

2. A student’s challenge will be heard by the Interim Suspension Committee, comprised of the Dean of Students, the Vice President for Student Services or designee, and the Director of Environmental Health and Safety. The following procedures shall apply:

i. The accused student shall be informed verbally, electronically, and/or in writing of the date, time and place of the hearing not less one

(1) full day prior to the day of the hearing and shall be advised of the following rights:

(I) The right to present their case;

(II) The right to be accompanied by an advisor;

(III) The right to call witnesses in their behalf;

(IV) The right to confront witnesses against them.

ii. The Vice President for Student Services, or designee, shall preside at the hearing.

iii. Witnesses and/or statements from witnesses may be entered as evidence. Evidence presented shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension.

iv. The accused shall have an opportunity to present their case in exercising any of the rights cited above. Evidence presented shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension.

v. Members of the Committee shall have an opportunity to ask questions.

vi. After all presentations and examinations of witnesses, the Committee shall retire to discuss the case and render a decision that day.

vii. The decision shall be announced by the presiding officer of the hearing and provided in writing to the student. A written record of the proceedings and determination shall be retained in the office of the Dean of Students.

1. The student shall be advised of their right to appeal the decision to the President.

2. The student may appeal the decision of the Committee, in writing, to the President within one (1) working day of the Interim Suspension Committee’s decision.

viii. The President will issue a written decision to the student within one (1) working day.

ix. Whether or not the interim suspension is affirmed, the Dean of Students will complete an investigation, and initiate the disciplinary process as described in this section.

The President of the College is authorized, at his or her discretion, to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any finding or sanction imposed to a lesser finding or sanction, or to rescind any previous finding or sanction, in appropriate cases.

This policy is promulgated pursuant to, and in compliance with,TBR Rule 0240-02-03-.06 Disciplinary Procedures and Due Process. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11. Effective: 1/29/12.