11.2.4 Other college rules. From time to time, the college may issue specific or general rules. When these rules are announced through the Docket or otherwise widely published, they become binding on all students. A student who violates any such rule also violates the Student Conduct Code.
11.3 Rules of Procedure 11.3.1 Service. Service of notice or any other document may be completed either by personal service or by certified mail with a request for a return receipt. Notice by mail is effective on the date of mailing unless otherwise specified. Personal service upon the Dean may also be accomplished by delivery to any college employee in the Dean’s suite. 11.3.2 Definition. References in this section 11 to ‘the Dean’ mean the Dean, or any person designated by the Dean to perform the acts required under these rules. 11.3.3 Penalties. A violation of the Student Conduct Code may result in expulsion from the college, suspension from the college, dismissal from one or more classes, fines, restitution, or any other appropriate penalty. The application of any penalty shall depend upon the seriousness of the offense and the presence or absence of mitigating factors. Execution of the penalty may be stayed pending successful completion of specified conditions of a probationary period. 11.4 Initiation of Disciplinary Proceeding Any person may initiate a disciplinary proceeding under these rules by a signed, written complaint. The complaint shall state the essential facts constituting a violation of the Code. The complaint shall be served upon the Dean in accordance with the rule on Service. 11.4.1 Investigation. The Dean shall promptly investigate the allegations of the complaint. Within 7 days of the service of the initial complaint the Dean must either: (A) dismiss the complaint for failure to allege a prima facie violation of the Code and notify the complainant of the dismissal, or (B) serve on the student charged a copy of the complaint, a copy of these rules, a copy of the Student Conduct Code, and notice of the time and place for a conference with the Dean. 11.4.2 Disciplinary Action. Within 14 days after serving the student charged with a copy of the complaint, the Dean must either: (A) dismiss the complaint and notify the student charged and the complainant of the dismissal or (B) make a written determination identifying, (1) any violation of the Code that has occurred, (2) the facts establishing the violation, and (3) any penalty authorized by the Code, and serve a copy of that written determination and notice of the right to appeal upon the student charged and the complainant. The notice shall contain the names of the members of the Code Committee. 11.4.3 Appeal. A student may appeal from any disciplinary action, including any such action taken in any proceeding under the Discrimination Policy or the Sexual Harassment Policy. A student may perfect an appeal by serving written notice of appeal upon the Dean within 10 days after the student has been served with notice of the disciplinary action. The Dean shall promptly serve a copy of the notice of appeal upon the chairperson of the Code Committee. 11.4.4 Stay of Disciplinary Action. The perfection of a notice of appeal shall stay disciplinary action unless the Chairperson of the Code Committee determines that the safety of persons or property would be jeopardized by a stay and so notifies the Dean and the student charged in writing. 11.4.5 Notice of Appeal Hearing. If the student charged appeals, the Chairperson of the Code Committee shall, within 7 days of the service of the notice of appeal and at least 10 days prior to the date set for the hearing, serve notice of the time and place for the appeal hearing upon the Dean and the student charged. 11.4.6 Scope of Review. The Code Committee shall determine whether the disciplinary penalty is appropriate. If the committee finds that the violation has not been established by clear and convincing evidence the committee shall dismiss the complaint. If the committee finds that the violation has been established by clear and convincing evidence, but that the disciplinary penalty imposed is not appropriate, the committee may assess any less severe penalty authorized by the Code. 11.4.7 Scope of Review for Appeals from Disciplinary Actions Imposed Under the Policies Against Discrimination or Sexual Harassment. If disciplinary action is recommended by the Vice President of Human