Honolulu Community College is part of the University of Hawaiʻi system and is guided by Board of Regents Policies, UH Executive Policies, and UH Community College System Policies.
As a State of Hawaii public institution, it is also governed by all Hawaiʻi revised statutes and rules of law. When policies and processes are needed at the college level, they are established by the Chancellor and Campus Governance Councils.
Governing Policies
- Board of Regents Policies
- University of Hawaiʻi Systemwide Executive Policies
- University of Hawaiʻi Community College System Policies
- University of Hawaiʻi Administrative Procedures
Honolulu Community College Policies
I. Introduction and Authority
It is a historically established rule of higher education that an instructor has the authority to conduct classes, provide for the discussion of ideas, make assignments or other exercises, require examinations, and render judgments on the performance of students. The exercise of this authority provides the foundation for an academic relationship between individual faculty members and individual students that is unique to colleges and universities. At a basic transactional level this relationship is maintained by the interplay of traditional and customary standards of conduct and courtesies, the observance of which is the responsibility of both faculty and students. Certain basic expectations, relevant to teaching and learning, are summarized in Part II of this procedure. Inevitably, issues associated with the faculty member’s responsibilities as a teacher and the student’s responsibilities as a learner may occasionally arise. In order to address these issues, the University of Hawai‘i has instructed its constituent campuses to provide for the consistent and equitable resolution of legitimate student academic grievances. Accordingly, the Chancellor of Honolulu Community College, with the concurrence of the Faculty Senate Executive Council, FSEC, has established this student academic grievance procedure, effective February 8, 2019.
II. Academic Rights and Responsibilities of Students
Honolulu Community College subscribes to that part of the “Joint Statement on Rights and Freedoms of Students,” adopted by a diverse number of higher education organizations including the American Association of University Professors, which relates to classroom instruction: “The professor in the classroom and in conferences should encourage free discussion, inquiry and expression. Student performance should be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.”
A. Protection of Freedom of Expression
Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled.
B. Protection Against Improper Academic Evaluation
Students should have protection through orderly procedures against prejudiced or capricious academic evaluation. At the same time they are responsible for maintaining standards of academic performance established for each course in which they are enrolled.
C. Protection Against Improper Disclosure
Information about student views, beliefs and political associations which professors acquire in the course of their work as instructors, advisors, and counselors should be considered confidential. Protection against improper disclosure is a serious professional obligation. Judgments of ability and character may be provided under appropriate circumstances, normally with the knowledge or consent of the student.
III. Definitions
Student: Any individual enrolled in a course.
Faculty Member: Any individual holding a Board of Regents’ appointment by the University and Honolulu Community College who is engaged in providing scheduled instruction.
Division Chairperson: The individual designated as the administrative head of any department or other campus unit offering instruction.
Dean/Designee: The Division Dean (hereafter referred to as “Dean”) or other officer of the college who has been designated to act for the Dean in matters involving academic grievances.
Remedy: An action to correct an individual student’s situation that does not involve the imposition of a sanction against a faculty member.
Semester: Any scheduled term of instruction including those of continuing education programs and summer session.
Oral Complaint of Alleged Academic Impropriety: An oral complaint by a student about a faculty member’s action or series of actions that the student feels may be improper or inconsistent with the faculty member’s responsibilities or the student’s academic expectations.
Written Complaint of Alleged Academic Impropriety: A written complaint filed by a student with the Dean or the Dean’s designee alleging that a faculty member has acted improperly or inconsistent with the faculty member’s responsibilities or the student’s academic expectations.
Academic Grievance: A written statement of complaint filed with the chairperson of the Academic Grievance Committee requesting a formal review of an academic complaint which the student believes to have been unsatisfactorily resolved by the Dean/designee.
Grievance Without Merit: A written grievance that is so weak and insubstantial as to be void of merit or for which there is no identifiable or appropriate remedy. Examples of such grievance may include but are not limited to: those that do not describe an improper or uncustomary situation, those that are best pursued under more appropriate procedures, or those that have been pursued and concluded through other grievance or appeal procedures.
Working Days: Monday through Friday of the regular academic year, except state and federal holidays
IV. Procedures for the Resolution of Academic Grievances
Any student who believes that a faculty member has acted improperly or in a manner otherwise inconsistent with the faculty member’s responsibilities or the student’s customary academic expectations, may initiate action to achieve a remedy. The actions available are outlined herein and must be initiated within ten (10) working days after the student became aware, or could have reasonably been expected to become aware, of the alleged impropriety.
A. Oral Complaint of Alleged Academic Impropriety
- A student who believes that a faculty member acted improperly should make every reasonable attempt to discuss the matter with the faculty member involved.
- Failing to resolve the matter with the faculty member involved, the student should discuss the matter with the faculty member’s division chairperson, reporting the facts as the student perceives them, specifying the remedy sought, and outlining the faculty member’s response, if any, to the consultations at Step 1. Such discussion should be initiated with the division chairperson within five (5) working days after the final scheduled discussion at Step 1 with the faculty member involved. The chairperson may meet separately with the student and faculty member, or if both agree, jointly, to discuss the complaint. Within five (5) working days of receipt of the student’s unresolved complaint, the chairperson shall complete any consultation and shall notify the student and the faculty member in writing of his or her conclusion(s) and recommendation(s).
- In the attempt to resolve the matter with the faculty member involved, the student may inquire whether campus mediation is available. Additionally, the faculty member’s division chairperson may seek mediation in helping to resolve any outstanding matters.
- Should the faculty member involved in Step 1 be the division chairperson, the student should present his or her unresolved complaint, in accordance with Item 2 above, directly to the dean or the dean’s designee, noting the apparent “conflict of interest” in his or her complaint.
B. Written Complaint of Alleged Academic Impropriety
- Failing to achieve satisfactory resolution of an oral complaint of an alleged academic impropriety, the student may file a written complaint with the Dean or the Dean’s designee. Such complaint must be filed within five (5) working days after the student has been notified by the division chairperson of the resolution of the student’s oral complaint of alleged academic impropriety.
- The student shall provide as a part of his or her written complaint, the facts of the matter as the student perceives them, the remedy sought, the faculty member’s response to initial consultations, and the division chairperson’s resolution of the report. In addition, the student shall identify the custodians of any relevant documents that the student does not possess.
- Upon receipt of a written complaint, the Dean or the Dean’s designee shall immediately notify the chairperson of the faculty member’s division. If new material or information relevant to the situation, which was not introduced as a part of the student’s report to the chairperson, becomes available, the Dean or the Dean’s designee shall refer the complaint back to the chairperson for review and recommendation.
- The dean or the dean’s designee shall have ten (10) working days to review the complaint, consult with the parties involved, and resolve the complaint. This timetable may be extended for no more than ten (10) additional working days if, in the Dean’s/designee’s judgment, such extension would be of benefit in resolving the complaint.
- Upon expiration of the time provided for resolving the complaint, the Dean or the Dean’s designee shall inform the student in writing of his or her disposition of the complaint.
C. Academic Grievance
- Failing to achieve satisfactory resolution of a complaint of an alleged academic impropriety, the student may file a grievance, in writing, with the chairperson of the academic grievance committee. Such filing must be done within ten (10) working days after the student has received written notification from the Dean or the Dean’s designee regarding the resolution of the student’s complaint.
- The student’s written grievance shall contain all information previously provided in the student’s complaint to the dean/designee as well as a copy of the dean’s/designee’s written notification to the student regarding the disposition of his/her complaint.
V. Academic Grievance Committee
There shall be an academic grievance committee, appointed by the Vice Chancellor of Academic Affairs (VCAA), which shall be composed of equal number of faculty and students. Academic Grievance Committee hearings will usually not be available during the last two weeks each semester (study period and finals week) nor during the summer. During these periods, a hearing before a designated campus administrator may be conducted, or grievances may be deferred until such time as a committee hearing is available.
A. Composition Of The Academic Grievance Committee
The composition of the Academic Grievance Committee shall be two faculty and two student members with an additional member as chairperson to be appointed in accordance with the following provision.
- The Vice Chancellor shall appoint as chairperson a tenured member of the faculty, who shall be a non-voting member of the committee except in the case of a tie vote.
- A majority of the members of the Academic Grievance Committee present shall constitute a quorum for the purpose of a hearing.
- If any member of the committee feels that his or her relationship with either the case or the individuals involved would affect his/her ability to render an impartial judgment, the committee member shall disqualify him/herself. This does not relieve the committee of maintaining a quorum, thus, it may be necessary to supplement the membership of the committee.
B. Responsibilities And Procedures Of The Academic Grievance Committee
Upon receipt of a written grievance requesting a formal hearing by the academic grievance committee, the chairperson shall notify the faculty member involved, the division chairperson and the dean/designee of the faculty member’s division.
- The chairperson of the committee shall have the authority to dismiss all grievances without merit. Furthermore, the committee shall not proceed on any grievance for which there is no identifiable or appropriate remedy. This decision will be reported to the Vice Chancellor of Academic Affairs.
- Having dismissed the grievance without merit, the chair shall inform the student and the faculty member in writing. Within ten (10) working days of the dismissal, the Vice Chancellor of Academic Affairs may take the following actions:
- Direct the committee to hear the grievance if there is significant reason to call the hearing;
- Agree with the chair to dismiss the grievance, and notify the student and the faculty member in writing. This decision is final within the college.
- Having determined that a grievance has merit, the chairperson shall schedule a hearing of the academic grievance committee within ten (10) working days after receipt of the grievance. This decision will be reported to the Vice Chancellor of Academic Affairs.
- The committee chairperson shall have the authority to waive specified timelines for a specific period, when necessary, in order to ensure proper notice and a fair hearing.
- Having scheduled a hearing, the committee chairperson shall give written notice to the student, the faculty member involved, and to the faculty member’s department chairperson and dean/designee. Such notice shall be given at least five working days prior to the hearing and shall include:
- The date, time, and place of the hearing,
- Any particular section(s) of the statement of Academic Rights and Responsibilities of Students, that is alleged to have been violated,
- An explicit statement of the issue(s) involved, the facts alleged by the student, the conclusions and recommendations, if any, reached by the department chairperson and dean/designee,
- The fact that the burden of proof rests upon the student, and
- That the hearing shall be closed.
- The academic grievance committee shall conduct its fact-finding in accordance with the following provisions which are designed to assure a fair hearing and equitable treatment for those involved.
- The chairperson shall be responsible for recording the hearing and maintaining order, and shall have the authority to rule on points of order and to exclude immaterial and/or repetitious evidence.
- The student and the faculty member shall have sufficient opportunity to discuss all issues involved.
- Oral and documentary information may be presented to the committee. All members of the committee shall have the right to raise additional questions or seek clarification on all relevant points.
- The committee may secure additional information from sources other than those presented by the student or the faculty member. The committee may also secure other documents relevant to the issue which were not introduced at any previous step by the student or faculty member.
- The student is expected to be present at the hearing but the faculty member shall not be compelled to attend. The faculty member may provide written information to the committee for its consideration. In the absence of the faculty member, the committee shall consider the information in its possession and render deliberations of the committee after receipt of all relevant information.
- In the absence of the student, except for reasonable cause as decided by the Vice Chancellor of Academic Affairs, the grievance shall be dismissed. The decision of the academic grievance committee as to good and sufficient cause is final within the College.
- After hearing a grievance, the committee will decide if the College has reasonable cause to remedy a student’s situation. Accordingly, the committee may decide the following:
- No cause for remedy: Wrongful or uncustomary behavior on the part of the faculty member has not been established.
- Cause for remedy: Wrongful or uncustomary behavior on the part of the faculty member has been established. In this case the academic grievance committee may recommend an appropriate academic remedy.
- After the committee has made its findings, decision as to cause, and any recommended remedy, the chairperson shall inform the student and the faculty member in writing of the findings and recommendations within five (5) working days of the hearing. Copies shall be provided to the faculty member’s division chairperson, the Dean/designee, and the Vice Chancellor of Academic Affairs.
C. Final Decision And Orders By The Vice Chancellor
Within thirty working or calendar days from the receipt of the committee’s findings, decision as to cause and recommendations as to remedy, the Vice Chancellor of Academic Affairs shall notify, by electronic or certified mail with return receipt requested, both the student and the faculty member of his/her final decision regarding any remedy to be undertaken.
- Upon receipt of the committee’s findings, decision as to cause, and recommendations, the Vice Chancellor may take the following actions:
- Direct the committee to rehear the grievance if there is substantial reason to doubt the fairness of the hearing. A determination of the fairness of the hearing shall be based on four issues:
- Did the committee follow the procedures contained herein?
- Was the committee hearing conducted in such a way as to provide the student adequate opportunity to present his or her grievance?
- Did the evidence presented at the hearing satisfy the requisite burden of proof? and,
- Is the remedy reasonable in relation to the grievance?
- Affirm the committee’s findings, decision as to cause, and implement, in whole or in part, the recommended remedies.
- Direct the committee to rehear the grievance if there is substantial reason to doubt the fairness of the hearing. A determination of the fairness of the hearing shall be based on four issues:
- The decision of the Vice Chancellor of Academic Affairs shall be final within the College.
D. Records Of The Academic Grievance Committee
The chairperson of the committee shall maintain a log of the hearing. This log shall include a brief description of the subject matter of the grievance and the outcome of the hearing but shall not contain any personally identifiable information. This log shall be open to outside inspection.
- Other records of the committee which are not open to outside inspection include: tape recordings of the hearing, all written information presented, the actions of the committee and the chairperson’s final report including the committee’s findings, decision as to cause, and recommended remedies.
APPROVED:
Erika Lacro, Chancellor
DATE, 2019
The purchase, possession, or consumption of alcoholic beverages is regulated by state law. Under state law, no one under the age of 21 may purchase, possess, or consume alcoholic beverages on campus.
In addition, consumption of alcoholic beverages is forbidden in all public and common areas at Honolulu CC unless a special permit for consumption of alcoholic beverages on campus has been issued by the Chancellor. Students, employees, and others found in violation of this policy are subject to criminal prosecution and/or college disciplinary procedures.
In compliance with the Campus Sex Crimes Prevention Act (CSCPA) of the Campus Security Department for the University of Hawai‘i – Honolulu Community College is providing the following link to the Hawai‘i Criminal Justice Data Center where information regarding registered sex off enders in the State of Hawai‘i can be found.
Honolulu Community College (HonCC) is committed to maintaining a drug free learning environment and workplace for our campus community. HonCC encourages all students and employees to seek assistance in overcoming alcohol and drug addiction or abuse issues. Early recognition and treatment are key to the success of rehabilitation and recovery.
Students who have not satisfactorily adjusted their financial obligations, such as tuition and fees, traffic violations, parking tickets, unreturned library books, library fines, other fines, locker fees, laboratory breakage charges, transcript fees, loans past due, rental payments, etc., may be denied grades, transcripts, diplomas and registration. To clear a financial obligation hold online, students must contact the office that placed the hold to have the hold removed from their account. A copy of the Rules and Regulations Governing Delinquent Financial Obligations Owed the University of Hawai‘i (PDF) promulgated by the Board of Regents, is on file at the Business Office.
At the beginning of every semester, your course instructors will provide a check-in activity that you are required to complete during the first week of the semester in order to establish academic engagement in the courses you are registered in.
A welcome announcement from your faculty will provide the details on the required check-in activity. As a reminder, Non-Participation within the first week of the semester may result in disenrollment. Detailed information on the UH System EP 7.209 can be found at Student Participation Verification in Coursework.
If you have any questions, please contact your academic counselor.
It is a privilege to be a member of the Honolulu Community College community. This privilege provides the student with the opportunity to learn and participate in the many programs that are offered on campus. Along with that privilege, the individual is expected to be responsible in relationships with others and to respect the special interests of the institution. These special interests are fully set forth in the UH System’s Student Conduct Code. Information, advice, or a copy of the code may be obtained from the Office of the Dean of Student Services, Building 6, 2nd floor.
One or more of the following sanctions may be imposed whenever a student is found to have violated any of the rules contained in this code: warning, probation, restitution, temporary suspension, suspension, expulsion, or rescission of grades or degrees.
Due to COVID-19 the following Student Conduct Code Appendix has been added. The safety of all of our students and our campus community is our priority. Please be sure that you follow all recommended safety practices.
- HonCC Student Conduct Code Procedures (PDF)
- EP 7.208 – University Of Hawaii Systemwide Student Conduct Code
HonCC Student Conduct Code Procedures
I. SANCTIONS
One or more of the following sanctions may be imposed as hereinafter provided whenever a student is found to have violated any of the rules contained in this code:
A. Warning
Written or verbal notice to the student that continuation or repetition of specified conduct may be cause for other disciplinary action. This sanction may be imposed by the Provost after a Conduct Committee hearing, or it may be imposed by the Dean of Student Services as part of the administrative disposition of any case. If a student, after being warned, is found to have committed further violations of this code, the student will usually be subject to more severe disciplinary action.
B. Probation
A written notice placing the student on disciplinary probation for a specified period of time. The terms of the probation will be decided in each case. This sanction may be imposed by the Provost after a Conduct Committee hearing or it may be imposed by the Dean of Student Services as part of the administrative disposition of any case. If a student, while on disciplinary probation and after a hearing, is found to have committed further violations of this code, the student will usually be subject to more severe disciplinary action.
C. Restitution
Reimbursement for damage to or misappropriation of property which may take the form of direct financial compensation, of service, or other forms of indirect compensation. This sanction may be imposed by the Provost after a Conduct Committee hearing, or it may be imposed by the Dean of Student Services as part of the administrative disposition of any case, provided that the student admits that he or she was responsible for the damages or loss. Any student who does not make restitution as required will be deemed to have a financial obligation and will be subject to the provisions of the University’s policy regarding delinquent financial obligation.
D. Temporary Suspension
In an emergency, the Provost or designee is authorized to alter or suspend the rights of a student to be present on campus or to attend classes for an interim period prior to a hearing provided that a hearing pursuant to these rules is conducted within a reasonable period thereafter. An emergency will include such situations as when the Provost or designee believes that the student poses a danger of inflicting bodily harm on himself or others, or of inflicting serious emotional distress on others, or creating a substantial disruption of normal campus activities, including classroom instruction.
E. Suspension
Exclusion from classes and from other privileges or activities or from the campus itself for a specified period of time. This sanction may only be imposed by the Provost after a Conduct Committee hearing.
F. Expulsion
Termination of student status for an indefinite period. This sanction may only be imposed by the Provost after a Conduct Committee hearing. Conditions for readmission, if any, shall be stated in the notice of expulsion. The Dean of Student Services will determine if the conditions for readmission have been met.
G. Rescission of Grades or Degree
The cancellation of grades or the revocation of an awarded degree as the result of academic dishonesty or the discovery of a material misrepresentation relating to the completion of course or degree requirements. This sanction may only be imposed by the Provost after a Conduct Committee hearing.
II. Disciplinary Procedures
The following procedures are designed to afford certain procedural protections to any student alleged to have committed an infraction of the student conduct code warranting disciplinary action. The procedures described herein shall not affect other non-disciplinary student matters. For the purposes of these procedures, the term Dean of Student Services shall mean the Dean or the Dean’s designated representative.
A. Temporary Suspension in Emergency Situations
In an emergency, the Provost or designee is authorized to suspend a student prior to a hearing provided that a hearing pursuant to these rules is conducted within a reasonable period thereafter. An emergency will include such situations as when the Provost or designee believes that the student poses a danger of inflicting bodily harm on himself or others, of inflicting serious emotional distress on others, or creating a substantial disruption of normal campus activities, including classroom instruction. If, after a Conduct Committee hearing, it is determined that the student did not violate this Conduct Code, consideration will be granted so that the student may be allowed to make up any missed academic work.
B. Pre-Disciplinary Hearing Stage
- 1. Reporting of infractions
Infractions of this Student Conduct Code should be reported to the Dean of Student Services. Reports of infractions must be submitted in writing and signed by the complainant. No matter except temporary suspensions in emergency situations will proceed without such written reports. The reports must state information including the specific name(s) (if known), date, and description of the alleged misconduct in sufficient detail to allow the Dean of Student Services to determine whether further fact-finding is necessary and if sufficient information exists for further actions.
- 2. Preliminary investigation
Upon receiving a written report that a student has allegedly committed a violation of the Student Conduct Code, the Dean of Student Services shall promptly initiate an investigation. Within ten school days of receiving a written report, the Dean of Student Services shall contact the student or group named in the complaint and request that they appear before the Dean to discuss the alleged misconduct and possible charges. Failure to respond to a written allegation of charges will result in a hold being placed on the student’s registration for subsequent terms. The student should be informed that he or she is under no obligation at any time to admit that the complaint is true or to make any other statement to any member of the University community, including the Dean of Student Services, relevant to the complaint. The Dean should not promise that any statement made by the student will be held in confidence.
C. Initiation of Charges and Their Disposition
If the Dean of Student Services determines that there is reasonable cause to believe that the student or students committed the violation, and in his or her judgment the initiation of formal disciplinary procedures is appropriate, the accused student or group will be notified by the Dean of Student Services that they have been accused of violating this Student Conduct Code. Charges may be disposed of in the following ways:
1. Administrative Disposition
The Dean of Student Services, after investigating the charges, shall have the authority, when accepted by the student in writing, to settle matters in lieu of proceeding with a formal disciplinary hearing. In this instance, the Dean of Student Service may impose the sanctions of warning, probation, or restitution. Additional appropriate recommendations of behavioral contracts, administrative referrals, community service hours, and attendance at drug and alcohol education classes may be made by the Dean. A student shall have five school days within which to accept or reject in writing any proposed administrative disposition. Where the settlement proposed by the Dean of Student Services is rejected by the student in writing, the Dean may request a hearing before the Committee. If a student fails to make any response in writing to a proposed administrative disposition within five school days, it will be assumed that the student has rejected the proposed administrative disposition and the Dean of Student Services may refer the case to the Student Conduct Committee.
2. Student Conduct Committee Disposition
Failing to secure an administrative disposition of any alleged violation of this Code, the Dean of Student Services may refer the case to the Student Conduct Committee for a hearing. The Dean of Student Services may also refer cases to the Student Conduct Committee without first offering an administrative disposition. Moreover, any violation of this code that may result in the imposition of the sanction of suspension, expulsion, or rescission of grades or degree must be heard by the Student Conduct Committee.
a. Usually, Student Conduct Committee hearings will not be available the last two weeks of each semester (study period and finals week ) nor in the summer. During these periods, a hearing before an administrator may be conducted for students accused of violating the conduct code, or special Committee hearings may be arranged.
D. Student Conduct Committee
There shall be a Student Conduct Committee. It shall have jurisdiction and authority to determine cause and recommend sanctions for all cases referred to it by the Dean of Student Services involving behavior which is alleged to be in violation of this Student Conduct Code.
1. The Student Conduct Committee shall consist of seven voting member and shall be constituted as follows:
a. Three students selected by the Associated Students of Honolulu Community College.
b. Three faculty members selected by the Faculty Senate.
c. A chairperson selected by the Provost.
2. A tape recorder shall be made available to the committee by the Dean of Student Services.
3. Four members of the Student Conduct Committee shall constitute a quorum.
4. If any member of the Committee feels that his or her relationship with either the case or the individuals involved would affect his/her ability to render an impartial judgment, the committee member shall disqualify him/herself. This does not relieve the Student Conduct Committee of maintaining a quorum; thus, it may be necessary to supplement the membership of the committee.
E. Disciplinary Hearing Stage
1. Notice
A student shall be given written notice of a hearing by registered or certified mail with return receipt requested at least fifteen calendar days prior to the date of the hearing. If service by registered or certified mail is not made because of the refusal to accept service or if the Dean of Student Services has been unable to ascertain the address of the student after reasonable and diligent efforts, a hearing notice may be given to the student by publication at least once in each of two successive weeks in a newspaper of general circulation. Published notices shall include the date, time, place, and nature of the hearing and shall invite the student to contact the Dean of Student Services regarding the charges and other relevant issues and facts. The last such published notice shall appear at least fifteen calendar days prior to the date of the hearing.
a. Except in the case of published notices, the notice of a hearing shall include a statement of the following:
1) The date, time, place, and nature of the hearing.
2) The committee before which the hearing is to be held.
3) The particular sections of this Student Conduct Code involved.
4) An explicit statement in plain language of the issues involved and the facts alleged in support of the charges; however, if the Committee is unable to present such issues and facts in detail at the time the notice is served, initial notice may be limited to a statement of the issues involved with more detailed statements to be provided at a later date but prior to the hearing.
5) The fact that the student is entitled to retain counsel or an advisor, at his or her expense, or that the student may appear on his or her own behalf, at any meeting or hearing relevant to the complaint.
6) That the student has the right to inspect, before any hearing, any affidavits or exhibits to be introduced at the hearing.
2. Hearing procedures
Hearings held pursuant to this code shall be conducted in such a manner as to assure equity for all parties. Having determined through a preliminary investigation that there is reasonable cause to believe that the student has committed a violation of this Student Conduct Code, the Dean of Student Services or the Dean’s representative shall present the case against the student.
a. The student and his/her counsel and the Dean of Student Services or his/her representative shall be afforded the opportunity to present evidence and argument on all issues involved.
b. Any procedure in a disciplinary hearing may be modified or waived by mutual agreement between the student and the Dean or his/her representative subject to the approval of the committee.
c. The following process shall apply in all hearings before the Student Conduct Committee:
1) Unless otherwise determined by the Student Conduct Committee, testimony shall be submitted in the following order: testimony submitted in support of the charges, testimony submitted by the student, rebuttal testimony in support of the charges, rebuttal testimony submitted by the student, and closing arguments.
2) Any oral or documentary evidence may be presented, but the committee shall exclude irrelevant, immaterial or repetitious evidence. The committee shall honor the rules of privilege recognized by law.
3) Documentary evidence may be presented in the form of copies or excepts, if the original is not readily available, provided that the student and the Dean or his/her representative may compare the copy with the original.
4) No testimony shall be received by the Committee when the opposing party has not been afforded the right of confrontation and a reasonable opportunity for cross-examination.
5) Members of the Committee are entitled to ask questions of any participant in the hearing. The student or the student’s counsel and the Dean or his/her representative are entitled to ask questions of the Committee.
6) The University shall have the burden of proof, including the burden of producing evidence as well as the burden of argument. Proof that a violation has been committed shall be established when confirmed by a preponderance of the evidence.
d. Both the student and the Dean or his/her representative are expected to be present at the hearing. If the student is not present at the hearing, the committee will proceed to conduct the hearing if its members are satisfied that the student has been given notice of the hearing as provided for in this code. In the absence of the student, the committee will hear the evidence, consider the facts, and render a judgment.
e. All hearings will be closed unless the student requests that the hearing be open.
f. In cases involving more than one student, separate hearings shall be allowed upon request.
g. The committee may adopt any further rules or make any further regulations necessary for a fair and impartial hearing that are not inconsistent with the provisions of this code.
3. Records
For the purpose of determining committee findings and recommendations, a record of all hearings shall be maintained.
a. The record shall include the following:
1) All pleadings, motions, and intermediate rulings
2) All evidence received or considered, including oral testimony, exhibits, and a statement of all matters officially noticed
3) Offers of proof and rulings thereon
4) Proposed findings, exceptions, and recommendations
5) The report of the Committee chairperson.
b. The Committee may preserve a record of its hearings through taped recordings. This record shall be retained by the Office of the Dean of Student Services for a minimum of five years from the date of last attendance by the student.
c. It shall not be necessary to transcribe any taped record unless requested for purposes of rehearing or judicial review. The cost of such transcription shall be paid by the party requesting or appealing to a court.
4. Committee findings and recommendations
After hearing a case, the Committee will decide if the University has reasonable cause to take disciplinary action against the student. No matters outside the record shall be considered by the Committee in making its determination. Accordingly, the Committee may decide as follows:
a. No cause for disciplinary action: No violation of this conduct code has been proven.
In this case no sanction may be taken against the student.
b. Cause for disciplinary action: A violation of the conduct code has been proven. In this case the conduct committee may recommend one or more of the sanctions provided for in this code including warning, probation, restitution, suspension, expulsion, and rescission of grades or degree.
Within ten school days after the hearing, the Committee shall transmit their findings, decision as to the cause and recommendations in writing to the Provost. Simultaneously, a certified copy of the Committee’s findings and decision as to cause and recommendations shall be delivered or posted by registered or certified mail with return receipt requested to the student’s last known address.
a. The Committee’s decision as to cause shall be in writing and shall be accompanied by separate findings of fact.
b. If the student has filed proposed findings of fact, the Committee shall rule on each proposed finding in its final decision as to cause.
F. Review by the Provost
No Committee determination adverse to a student shall be finalized by the Provost until the student has been afforded an opportunity to request that the Provost review the Committee’s findings, decision as to cause, and recommendations.
1. This review does not entitle the student to a full rehearing of his/her case. Such review shall be requested in writing.
2. The student shall have five school days after the receipt of the Committee’s findings, decision as to cause, and recommendations to request in writing a review by the Provost. The request should be sent by registered mail to the Office of the Provost.
3. The review by the Provost upon request, except in cases of newly discovered evidence, shall be confined to the record.
4. Upon request, the Provost shall limit the review of the Committee’s findings, decision as to cause, and recommendations to the following four issues:
a. Did the Committee follow the procedures contained in this code?
b. Was the Committee hearing conducted in such a way as to provide the student an adequate opportunity to present his or her defense?
c. Did the evidence presented at the hearing satisfy the requisite burden of proof?
d. Is the sanction reasonable in relation to the gravity of the violation?
G. Final Decision and Orders by the Provost
Within thirty calendar days from the receipt of the Committee’s findings, decision as to cause, and recommendations, the Provost shall notify, by certified mail with return receipt requested, the student or the student’s attorney of record of his/her decision regarding the sanction to be taken and any accompanying orders. A copy of this notification shall be included in the record of proceedings and retained by the Dean of Student Services for a minimum period of five years after the date of last attendance by the student. In cases of an alleged sex offense or other “crime of violence,” the victim and the accused shall be informed of the outcome of any institutional disciplinary proceeding.
The decision of the Provost shall be final within the University.
III. Authority of the Provost
The Provost may take appropriate action with respect to situations and developments not specifically covered by the Student Conduct Code in order that the intent of the Code may be properly administered.
IV. Judicial Review
Any student who feels that his or her rights have been infringed upon by any final decision issued in accordance with this conduct code may seek judicial review as provided by law.
V. Severability
If any of these procedures is held to be illegal or unconstitutional, the remaining rules shall remain valid.
Student Placement Testing And Developmental Education Class Assignment
1. Purpose:
As an open admission institution, Honolulu Community College enrolls a significant number of students who have not yet acquired the academic skills needed to successfully progress and graduate from their chosen field of study.
It is the purpose of this policy to identify those incoming students who are required to participate in the college placement testing process and to determine if necessary, their appropriate placement in the established developmental reading, writing, and mathematics curricula.
2. Policy:
a. Placement Testing:
It is required that the following students complete the ACT Compass placement tests for reading, writing, and mathematics, or provide evidence that they have a valid ACT Compass test score that can be provided to HCC by another college:
(1) All new credit students enrolled in a program leading to a degree or certificate;
(2) All other students enrolling in a course that requires English and/or mathematics proficiency as a prerequisite.
(3) Students transferring from another accredited college to Honolulu Community College who have met the English and/or Math requirements for their intended program with a grade of “C” or better in a degree applicable English composition course or mathematics course; or who have completed an English composition course that qualifies them to entry to English 100 or higher with a grade of “C”, or in a mathematics course that qualifies them to entry to Math 100 are exempted from those parts of this policy related to those specific courses.
Students may retake the placement tests at any time. If the student has an active test score in the student information system, they will be charged a $25.00 fee for each retesting session, regardless of how many tests they retake during any one session.
b. Class Assignment:
It is required that all students who complete the Compass test with a score that places them at a developmental education level enroll in an appropriate level class according to the details in Attachment A during their first term and all subsequent terms until they meet the enrollment criteria for the classes that are applicable for their respective degrees or certificates.
3. Related Policies:
(1) University of Hawai‘i Board of Regents Policy, Chapter 5 – Academic Affairs, Section 5-11, Admissions.
(http://www.hawaii.edu/offices/bor/policy/borpch5.pdf)
(2) University of Hawai‘i Executive Policy, Chapter 5, Academic Affairs, Section E5.210, Educational Assessment.
(http://www.hawaii.edu/apis/ep/e5/e5210.pdf)
4. Responsibilities:
The implementation of this policy is the responsibility of the Vice Chancellor for Academic Affairs.
The possession or use of lethal weapons on Honolulu CC’s premises is strictly prohibited. Lethal weapons include, but are not limited to, firearms, ammunition, spear guns, explosives, and dangerous substances. Students, employees, and others found in violation of this policy are subject to criminal prosecution and/or college disciplinary procedures.
1. Purpose:
Consistent with University policy, Honolulu Community College (HCC) is an institution which encourages the intellectual and personal growth of its students as scholars and citizens and recognizes the need to maintain a safe and secure environment for faculty and staff to fulfill the College’s mission of teaching and service. In order to maintain an environment where these goals can be achieved safely and equitably, HCC promotes civility, respect and integrity among all members of its community.
2. Policy:
It is the policy of Honolulu Community College to take the necessary actions to promote a violencefree, harassment-free workplace and learning environment for all students, faculty, staff, administrators and others while on campus, and to promptly respond to incidents of prohibited behavior if they occur.
As described in University policy E9.210:
All administrators, faculty, staff, and students are responsible for maintaining a university campus environment that ensures that all members are treated with civility and respect to fulfill the University’s missions and goals. The University fully supports the efforts of the State of Hawai‘i and is committed to a workplace free of violence.
Prohibited violent acts involve physical attack, property damage, as well as verbal statements that express or suggest the intent to cause physical or mental harm to another person. More specifically, violent behaviors include but are not limited to hitting, pushing and shoving; throwing or breaking objects; theft; shouting or yelling; threatening gestures or remarks; disruptive or hostile actions; abusive or belligerent language; sabotage of equipment; repetitive unwanted phone calls, notes or emails, etc.
All incidents must be reported and will be addressed immediately according to statutes, rules, collective bargaining agreements, or policies. Employees should report all incidents to their supervisor (Note: at HCC all incidents should be reported to a member of the Crisis Management Team). The decision to report an incident will never be questioned and will always be supported by management. The supervisor is responsible for addressing the complaint immediately in accordance with statutes or University policies.
3. Related Policies:
a. University of Hawai‘i Executive Policy, Chapter 9, Personnel, Section E9.210 Workplace NonViolence.
http://www.hawaii.edu/apis/ep/e9/e9210.pdf
b. University of Hawai‘i Administrative Procedures, Vol. III – Personnel A.9.730 Workplace Non-Violence Campus Procedures.
http://www.hawaii.edu/apis/apm/pers/a9730.pdf
c. University of Hawai‘i Community Colleges Policy 9.730 Workplace Non-Violence
http://www.hawaii.edu/offices/cc/docs/policies/9.730.pdf
d. University of Hawai‘i Executive Policy, Chapter 7, Student Affairs, Section E7.208 University of Hawaii Systemwide Student Conduct Code.
http://www.hawaii.edu/apis/ep/e7/e7208.pdf
e. Honolulu Community College Student Conduct Code
(See Page 13 Above)
4. Procedures:
- The HCC Crisis Management Team includes the following:
- The Vice Chancellor of Academic Affairs
- The Vice Chancellor for Administrative Services
- The Dean of Student Services
- The Mental Health Counselor
- The Head of Campus Security
The role of the Crisis Management Team is to provide immediate assistance to the campus in the event of a workplace violence incident.
Consistent with the model procedures detailed in UHCCP 9.730 Workplace Non-Violence (Attachment 1), the following procedures will apply when dealing with disruptive behavior:
a. Direct, Overt Threats
- Any time a student, faculty, staff, or member of the administration has experienced an overt, direct threat, or observes a situation where others may be directly threatened, he or she has the responsibility to contact campus security immediately at 284-1270 to have the individual removed from campus if there is a threat of danger. The complainant may also contact the local police to file a police report if they feel the situation warrants.
- Campus security will inform the removed individuals that they are not to return to campus until permitted by the Chancellor or designee.
- Immediately after removing the individual from campus, the campus security officer will file a verbal report with the Vice Chancellor for Administrative Services and the Dean of Student Services who will notify other members of Honolulu Community College’s Crisis Management Team for post incident management evaluation. After the verbal notice, the campus security officer will complete an incident report immediately following the incident and be available to confer with Honolulu Community College’s Crisis Management Team.
- The individual who contacts campus security will complete an incident report immediately following the incident and be available to confer with Honolulu Community College’s Crisis Management Team. The incident report form can be found under Facilities and Maintenance Services at: https://www.honolulu.hawaii.edu/intranet/forms/index.html
- If a student is involved and subsequently disappears after the incident, Security will be directed to check each class the student is to attend. The Dean of Student Services will attempt phone contact as well as send a letter to inform the student that they are temporarily suspended from campus and will be contacted again for an interview.
- Following receipt of the incident report, the Dean of Student Services will make an attempt to contact the student as soon as possible to review the filed complaint with the student, get the student’s side of the alleged threat, and make a recommendation to the Chancellor as to the appropriate next step, including invoking either an Administrative disposition, or a Student Conduct Committee disposition.
- The Chancellor, after meeting with the campus member filing the complaint, will determine whether to invoke an Administrative disposition, or a Student Conduct Committee disposition. The Chancellor will also determine if the student may return to campus, and under what circumstances, pending the conduct hearing.
- If a Student Conduct Committee is convened, the Chancellor will make a determination of the final action based on the recommendations of the Student Conduct Committee.
- In the interest of campus security, all instructors of the student, and others involved will be informed as soon as possible of each of the actions taken above.
b. Disturbing Behavior (immediate or imminent danger is not certain)
- Any time a student, faculty, staff, or administrative member experiences a disturbing situation with a student, faculty, staff, or administrative member, he or she should immediately contact a member of the Crisis Management Team. The disturbing situation could arise from a conversation or several conversations between staff members, a student and non-faculty staff member, a student and faculty member, a paper or essay in which alarming statements are made, or the witnessing of any behavior that generates a significant cause for concern.
- If a request is made to the Crisis Management Team for assistance, a thorough investigation should immediately become the main item on the administration’s agenda, since the campus is potentially at risk. A determination should be made within one calendar day whether the disturbing behavior is serious enough to warrant removal of the person exhibiting disturbing behavior from campus.
- There shall be prompt consultation to corroborate the details of the possible threat that includes ascertaining all information possible about the individual relevant to the possible threat and a professional judgment by the Mental Health Counselor. For cases of uncertainty, the decision should err on the side of campus safety. Police expertise and information should also be used.
- If a decision is made to remove a student from campus, the procedures noted above will then be followed.
- If the decision is made to remove a faculty or staff member from the campus, applicable collective bargaining requirements will determine the appropriate process to be followed.
- If a decision is made not to remove the person from campus, post incident management activities may include staff or student counseling, discipline, and other appropriate activities depending on the incident or incidents. If the faculty or staff member involved in the incident disagrees with the decision, they are free to consult with their respective union representative.
c. Post-Incident Management
Once the incident has been brought to closure, The Crisis Management Team shall evaluate the incident and implement a post-incident management plan as deemed appropriate. Good postincident management can go far in assisting the involved unit and the institution as a whole to return to normalcy. The post-incident management plan may include post-trauma intervention which may require therapy (e.g., employee counseling), contact with the family or witnesses after the close of the incident, communication with the campus community, witness debriefing, assisting employees with insurance claims, follow-up counseling, dealing with the media, etc.
5. Responsibilities:
The successful implementation of this policy is dependent upon the following individuals meeting their responsibilities:
Students, faculty, staff, and administrators:
To report incidents of disruptive behavior in a timely manner, to complete incident report forms accurately and expeditiously, and to participate promptly in any future judicial activities related to the disposition of the case. Vice Chancellor for Administrative Services: To assure that the security personnel are informed and trained to properly remove the instigators from the campus and complete the required reporting forms as soon as possible.
Crisis Management Team:
To respond promptly to any incident of disruptive behavior, by securing the campus environment, by conducting an investigation to ascertain the specific facts of the case, by developing an appropriate post-incident management plan, and by recommending to the Chancellor an appropriate course for disposition of the case.
Dean of Student Services:
To respond promptly to any incident where an HCC student is the instigator of the disruptive behavior, by conducting an investigation to ascertain the specific facts of the case, by informing the student involved in the incident if a suspension is being invoked, and to recommend to the Chancellor an appropriate course for disposition of the case.
Mental Health Counselor:
The MH counselor is responsible to assess, support and assist students in distress, provide appropriate interventions and follow-up services to the students and other parties involved.
Chancellor:
To periodically evaluate the implementation of this policy and to make modifications if necessary.