Formal Procedures

Working days are defined as the college’s regular hours of operation:  Monday - Friday, 8:15 am - 4:45 pm.  

Step 1: Written Report  

A written report of an alleged violation of the Student Code of Conduct will be given to the appropriate campus administrator or designee within ten (10) working days of the alleged incident. This report is the formal charge and should include a detailed description including facts, dates, and witnesses, if applicable, of the alleged behavior and all related documentation. The campus administrator or designee may choose to begin an informal investigation of the allegation prior to official notification to the student.

In cases involving potential or actual bodily or psychological harm to any person, possible damage to College property or disruption of the College's educational or administrative work, the campus administrator or designee may immediately suspend the student while a full investigation is being conducted.

Step 2:  Entry of the Report into the CollegeLog

Upon receiving a written report of an alleged violation, the appropriate campus Administrator or designee will immediately enter the information into the College Log, which is a secure college-wide electronic database maintained at the District Office. A check of Banner Hold history will be made. The Judicial Log is accessible only to the appropriate campus administrator and designees and to the AVC for Student Development at the District Office, who is responsible for maintaining the database. The database includes the final report on the outcome of the Code of Conduct process.

Step 3:  Notice to the Student

The campus administrator or designee must notify the accused student within five (5) working days of receipt of the written report with a written memorandum that includes the following:

• The nature and date of the alleged violation, identifying the specific violation.
• Required meeting date and time and need for student to confirm the meeting by telephone within five (5) working days. (Another mutually agreeable meeting date and time may be negotiated at that time.)
• The consequences of the student's failure to respond to the notice or attend a meeting. The student must respond to the administrator or designee within five (5) working days after the student is notified of the violation; otherwise, the campus administrator or designee may assess a suitable penalty. If a student fails to respond to the notice or attend the agreed upon meeting, the campus administrator or designee will make a decision based on the available facts following procedures in this document, and will notify all parties of the decision.

The campus administrator or designee will send the student an official copy of the Pima Community College Student Rights and Responsibilities along with the memorandum pertaining to the alleged violation.  A copy of this memorandum will be filed simultaneously with the appropriate administrator of the relevant campus, with the PCC Department of Public Safety and the College Judicial Log.

At the meeting with the campus administrator, or designee, the student has the right to select an advocate (excluding a lawyer) to insure he/she understands the alleged violation and his/her rights under the Student Code of Conduct. Unless the conduct that forms the basis for the alleged violation is also the subject of a pending criminal investigation or prosecution, the student may not select an attorney as an advocate. The advocate's role is limited to clarifying the student's due process rights under the Student Code of Conduct. If the student is under age 18, the student's custodial parent or legal guardian may be present with the consent of the student.

Step 4:  Meeting with the appropriate campus administrator or designee

The campus administrator or designee will meet with the student and the individual who initiated the formal complaint, separately or together, at the campus administrator’s or designee discretion. The individual who initiated the formal complaint will present facts in support of the Student Code of Conduct violation. The accused student has the right to review the facts, present additional facts, and respond to the accusations. The campus administrator or designee will make a determination regarding the complaint. The campus administrator or designee may need to re-interview the person who made the complaint. The determination of the complaint should be made within five (5) working days after the last person has been interviewed.

The campus administrator, or designee, may find the student in violation of the Student Code of Conduct, in which case the campus administrator or designee may impose a penalty. The student will be advised of the decision within five (5) working days in writing by the campus administrator. A copy of the decision will be provided to the appropriate Dean, Department of Public Safety, and the College Judicial Log.

If the penalty assessed is withholding an academic record, degree, suspension or expulsion, the student may appeal. All other penalties are not appealable.

Step 5:  Appeal to the Campus Student Conduct Review Committee (SCRC)

If the penalty assessed is withholding an academic record or degree, suspension, or expulsion, the student may appeal. The student must submit a written and signed notice stating the basis for an appeal. The notice must be submitted to the appropriate campus administrator OR designee within ten (10) working days of the student's receipt of the decision. Failure to file an appeal within ten (10) working days constitutes acceptance of the decision.

If the student files a written and signed notice within the required time period, the appropriate administrator will notify the student of the time and place for a formal hearing with the Campus Student Conduct Review Committee (SCRC). The notification of hearing will be delivered to the student at least ten (10) working days prior to the hearing. This ten (10) day notification may be waived by mutual agreement of both parties.

Step 6:  Hearing Before the Campus Student Conduct Review Committee (SCRC)

The Committee receives and reviews all findings before hearings begin.

The Committee
The SCRC will meet as needed and will consist of the following members selected by each campus administrator:

• Two students
• One faculty member
• One staff member
• One administrator appointed by the campus administrator

The administrator chairs the meeting and selects a recording secretary for each SCRC meeting. The recording secretary will take notes and make a tape recording of the hearing; the tape recording may be heard by administration if deemed necessary. The proceedings must remain confidential. Instructions from the Chair shall include the need for confidentiality in this process. Students who know the student requesting the hearing will be exempt from the committee. Faculty and Staff who know the student may choose to excuse themselves.

Both the College and the student may seek legal advice at their own expense. Unless the student is the subject of a criminal investigation or proceeding at the time of the SCRC hearing, neither the student nor the college will be represented by a lawyer during the hearing. If the student is the subject of a criminal investigation or prosecution at the time of the SCRC hearing, the student may be accompanied to the hearing by a lawyer, who may act as an advisor to counsel the student regarding his/her due process rights, including the right against incrimination. However, the lawyer may not otherwise participate in a hearing, such as by advocating on behalf of the student or questioning witnesses.

SCRC Hearing Procedures

The term "student" below refers to the person charged with a Code of Conduct violation. The committee reviews all findings before the hearing begins. Only under special circumstances should a witness be re‐interviewed prior to or during the procedure (to clarify previous statements).

Before the hearing, the chairperson reviews the procedures with all parties.

1. The hearing will be closed to the public to protect privacy and maintain confidentiality of the persons involved. The Chair may request the presence of a Pima Community College Department of Public Safety Officer for sole purposes of prevention or managing disruptive behavior by the accused, the accuser, or any witnesses. A person may assert the privilege against self-incrimination by remaining silent in the hearing and such silence cannot be used against the student. The hearing committee will make a recommendation on the evidence presented to the SCRC.
2. The student may present witnesses on his/her behalf. These witnesses will speak directly to the issue or violation and not to the general character of the student. The number of witnesses may be limited by the SCRC.
3. Only the members of SCRC, the student charged, and the charging party may ask questions.
4. The student may hear all testimony.
5. The student may question each witness only if the SCRC has determined that there is no potential harm to the witness.
6. Witnesses may be limited in the time allocated for testimony by the Committee Chair.
7. No witness can listen to testimony of any other witness.
8. The individual initiating the formal complaint testifies first; then his/her witnesses. The campus administrator or designee, who initiated the formal procedures may be called as a witness as needed.
9. The student presents his/her response; then his/her witnesses.
10. The hearing will proceed in a calm and orderly manner following all of these procedures.
11. If the procedures are not followed, the SCRC chairperson may close the proceedings and make a recommendation on the information that has been presented.
12. Any verbal abuse or threats directed toward members of the SCRC or witnesses may result in violation of the Student Code of Conduct and/or discontinuance of the process.
13. If the student is under age 18, the student's custodial parent or legal guardian may be present with the consent of the student.

Step 7:  SCRC Recommendations

1. The committee will deliberate immediately after the hearing to determine the outcome and sanctions if any.
2. The vote will be a secret, paper ballot to be counted by the committee chair.
3. The SCRC final recommendation(s) must reflect the vote of at least three of the five committee members. The vote must indicate that "a preponderance of the facts" submitted indicates that a violation of the Student Code of Conduct did or did not occur and the severity of the punishment was or was not merited.
4. The SCRC recommendation(s) will be written, signed by each committee member, and forwarded to the appropriate campus administrator and to the campus President.
5. The SCRC formal recommendation(s) to the campus administrator is confidential and will remain confidential. Should the student or the person bringing the complaint or any witness voluntarily fail to appear before the SCRC after receiving notification, the SCRC has full authority to proceed to a recommendation(s).

The SCRC may make one of the following recommendations or other recommendations relating to resolution of the matter:

• The penalty imposed be upheld.
• The penalty imposed be changed and a more lenient or harsher penalty be imposed; or
• No penalty should be imposed.

The appropriate campus administrator within five (5) working days, shall review the recommendation of the SCRC and shall provide the student written notice of his/her decision and shall provide a copy of that decision to the campus President and the charging party. The College Judicial Log will be the official repository of records regarding decisions or actions involving the appeal process.

Step 8: Final Decision

Student may appeal to the campus President within five (5) working days of receiving the written notice of the administrator’s decision; the campus President makes the final decision and sends notice to the administrator and the student within five (5) working days of decision.

If the decision is expulsion the student may appeal to the Provost within five (5) working days of the decision; the decision of the Provost is final.