At Kirtland Community College, two procedural forms of due process exist; Academic Due Process and Non-Academic Due Process. As conditions permit, either form of due process is provided to the student within a reasonable amount of time. In certain circumstances, the vice president, or his/her designee, may impose a suspension prior to the hearing before the committee.
- Separation means the specified individual(s) may participate in class and other college activities, but shall avoid contact of any sort with other designated individuals. Separation may involve interim suspension from specified classes, college locations, and activities, if deemed necessary.
- Interim suspension may be imposed only:
- To ensure the safety and well-being of members of the college community or preservation of college property;
- To ensure the student’s own physical or emotional safety and well-being;
- If the student poses a definite threat of disruption or interference to the normal conduct of operations of the college.
- During the period of interim suspension, the student shall be denied access to the campus (including being barred from classes) and/or all other college activities or privileges for which s/he might otherwise be eligible as the vice president of student services may determine to be appropriate.
- The interim suspension shall continue until the student’s due process procedures are complete. The hearing for this matter should follow the vice president’s actions as soon as practicable.
Procedure for Non-Academic Due Process:
Any member of the college community may file charges against a student for an alleged violation of the student code of conduct. There are two means of doing so.
- Immediately inform a responsible employee of the college. A responsible employee of the college is any regular employee directly hired by the college, and would include any full-time instructor or full or regular part-time staff person. If the responsible employee is not in a position to act on the complaint, they are charged with informing those who are. Please provide sufficient detail, in writing if possible, so that the office the responsible employee refers the complaint to can act effectively on the complaint. IF THERE IS IMMEDIATE RISK TO LIFE OR PROPERTY CALL EXTENSION 355 or dial 911
- File a Behavioral Intervention Team (BIT) Referral Form. To do so, access the Kirtland Website at http://www.kirtland.edu/bit and click on the BIT Referral Form, or go directly to https://publicdocs.maxient.com/incidentreport.php?KirtlandCC. This form is recommended if there is a concern for health or safety, if there is a problem with accessibility, if there is a belief that harassment or retaliation has taken place, if a breach of confidentiality has occurred, or other related matter. IF THERE IS IMMEDIATE RISK TO LIFE OR PROPERTY CALL EXTENSION 355 or dial 911
The college is committed to providing an educational environment free of serious misconduct, will investigate reported allegations of such misconduct, will address known violations, and will act to prevent recurrence and to remedy effects.
Any person who believes they are a victim of sexual misconduct, or who observes what they believe to be an act of sexual misconduct, within the jurisdiction of Kirtland Community College, is urged to immediately make a report, and, if possible, take appropriate steps to preserve evidence. The college will conduct a prompt, fair, and impartial investigation, and act on the basis of the facts determined, according to college policy and applicable law. Individuals should be aware that the college exercises civil authority, not criminal, and may work both in collaboration with, and proceed separately and apart from, the criminal justice system.
Once charges have been formally filed, the following procedure for Non-Academic Due Process shall be observed:
- An official of the college shall meet with the person (complainant) who has filed a charge against another person or student organization. If the complainant requests confidentiality or asks that the complaint not be pursued, the college will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue. If a complainant insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the complainant must be aware that the college’s ability to respond may be limited. If the complainant reports a violation which threatens the safety of others, the college may not be able to guarantee confidentiality.
- The vice president of student services will notify the accused student (in writing) of the charges filed against him/her and the college’s policy regarding due process.
- If the accused student does not waive their rights, then the vice president of student services will appoint a student judiciary committee composed of not less than three, nor more than five, college employees. Alternatively, for peer consideration, up to two students may be appointed in lieu of employees, so long as at least three members are employees in good standing. All committee members shall be informed of the requirements of confidentiality, and of the potential sanctions for breach of confidentiality. An employee knowledgeable in hearing procedure will be appointed to chair the hearing. The members of this committee must have no vested interest in the matter. The vice president of student services cannot serve on this committee.
- The person filing the complaint and the person or student organization charged with violating the student code of conduct are responsible for providing statements from witnesses and other evidence to investigating officials. Witness statements can be provided verbally during the hearing or in written (signed and dated) form. Both parties may have other individuals at the hearing. These individuals are limited to an advisory capacity with no right of intervention or cross-examination. Investigating officials may present evidence prior to the hearing, to be made available to both parties, and may be called on to testify at the hearing, subject to cross-examination by the accused party.
- The student judiciary committee has the responsibility of hearing the charges against the accused student and reviewing the evidence. The hearing will take place within ten working days following the accused student’s receipt of the written charges. A verbatim record will be made of all hearings. This record remains the property of the college and shall be maintained for a period of two years. Within one working day following the hearing, the committee will submit (in writing) its recommendation to the vice president of student services.
- The vice president of student services will render a decision on the case, which may include sanctions imposed on the student. The vice president will then inform (in writing) all parties involved of his/her decision within three working days of the receipt of the student judiciary committee’s recommendation.
- If the student wishes to contest the vice president of student services’ decision, s/he may appeal to the President within three working days following notification of the vice president’s decision (refer to “Appeal Process”). The President’s decision will be final.
Note: A student who commits a drug or alcohol related infraction (Forms of Misconduct #15 or #16), will be immediately referred to the vice president of student services. The vice president may provide the student with a choice of the following options:
Option #1: Referral to the Kirtland’s student assistance program and/or to a substance professional for a substance abuse intake interview and assessment. The vice president will also give a formal “warning” to the student.
Option #2: Referral to the student judiciary committee for a hearing. If found in violation by the committee, the student may be suspended for the remaining portion of the current semester with no refund of tuition and fees. Further, if suspended, the student must show evidence of an intake interview and assessment with a substance abuse professional in order to return to Kirtland.
Procedure for Academic Due Process:
- If an instructor fails a student in a course for academic dishonesty, the instructor must immediately notify, in writing (Academic Student Conduct Complaint Form), the student and the vice president of instruction. The vice president of instruction shall maintain a record of all such notifications.
- If a student wishes to appeal a grade or academic decision, s/he must first meet with the faculty member to discuss his/her grievance. This meeting should take place within 3 working days.
- If the student and faculty member do not come to a satisfactory agreement, or if charged with academic misconduct, the student may appeal to the appropriate vice president within 3 working days. If the problem is not resolved at this level, the student may appeal to the vice president of instruction.
- If the student chooses to appeal to the vice president of instruction, a written request (which includes a brief summary of the grievance) must be submitted within 3 working days. The vice president will review the appeal. Within three working days after receiving the appeal, the vice president shall render a decision.
- Should the student wish to pursue the matter further, the vice president will refer the complaint to the academic appeals committee. The instructional vice president will appoint an academic appeals committee composed of three full-time faculty members and two students. The vice president will appoint one of the faculty members to chair the hearing. The members of this committee must have no vested interest in the matter. The vice president cannot serve on this committee.
- The academic appeals committee has the responsibility of hearing the grievance and reviewing the evidence. The hearing will take place within ten working days following the student’s request for a hearing. A verbatim record, such as an audio recording, will be made of all hearings. This record remains the property of the college and must be maintained for a period of two years. Within one working day following the hearing, the committee will submit (in writing) its recommendation to the vice president.
- The vice president will render a decision on the case. The vice president will then inform (in writing) all parties involved of his/her decision within three working days of the receipt to the academic appeals committee’s recommendation.
- If the student wishes to contest the vice president’s decision, he/she may appeal to the President within three working days following notification of the vice president’s decision. The President’s decision will be final.
An appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes, except as required to explain the basis of new evidence:
- To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the student code of conduct was violated and giving the accused student a reasonable opportunity to prepare and to present his or her rebuttal of those allegations.
- To determine whether the decision reached regarding the accused student was based on substantial evidence, i.e., were the facts in the case sufficient to establish whether there was, or was not, a violation of the student code of conduct?
- To determine whether the sanction(s) imposed was appropriate to the violation of the student code of conduct which the student was found to have committed.
- To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
Substance Abuse Information on Alcohol and Drugs
Information regarding the misuse and abuse of alcohol and drugs can be found by contacting the Counseling Office located in the Student Success Center.
Statement/Guidelines Regarding AIDS
In response to the epidemic of infection with Human Immunodeficiency Virus (HIV), which causes the Acquired Immunodeficiency Syndrome (AIDS), Kirtland Community College has adopted these guidelines based upon the recommendation of the American College Health Association.
AIDS is a serious illness, a public health problem, and an immediate concern to the college community. AIDS is characterized as a defect in natural immunity against disease. People who have AIDS are vulnerable to critical illnesses that are not a threat to anyone whose immune system is functioning in a standard and typical fashion.
AIDS is caused by a virus commonly called HIV. Presently, there is no known cure or effective vaccine. However, the consensus of authoritative medical opinion, as reflected by the Center for Disease Control and Public Health Service, is that AIDS is not a readily communicable disease.
There are no known cases of AIDS transmission by food, water, insects, or casual social contact, and no spread of the virus has been found within family groups in which one or more persons have been diagnosed with AIDS, except from sexual and/or intravenous transmission. The current scientific understanding is that the AIDS virus is transmitted only through an exchange of infected body fluids, blood, or blood products. Such exchanges may occur when the needle of an infected person (in most cases, a drug addict) is used by someone else, through a blood transfusion from an infected person, or through intimate contact involving the transfer of semen and vaginal fluids.
NOTE: The use of condoms can significantly reduce spread of this virus. AIDS has not been shown to be transmitted by saliva, tears, nasal secretions, vomitus, urine, or feces. Considering current authoritative medical opinion, there is no basis for routinely excluding or dismissing employees or students because they have AIDS, ARC (AIDS-Related Complex), or AIDS virus antibodies. Since these conditions have been designated as handicaps and are treated as such by the Elliott-Larson Civil Rights Act, it is also against the law to dismiss someone on this basis. Depending on the medical circumstances of each situation, the college may require the monitoring of the medical condition of an infected person, which includes the counseling of that person on the nature of the disease and the importance of not engaging in behavior that could transmit it, if that is appropriate. No broad blood screening test will be required.
The right to privacy of all individuals will be respected and protected, and the confidentiality of any required records that may be required will be maintained. Because the virus is not transmitted by ordinary contact, it is neither necessary nor appropriate for the protection of roommates, classmates, or employees to share with them any information regarding a student or employee with AIDS and AIDS-related conditions.
Kirtland Community College will comply with all federal and state laws and regulations, including those of the United States Public Health Service and the guidelines from the Center for Disease Control and the American Health Association, which bear on the welfare of persons within the college community who test positively to that antibody. It has also adopted the safety guidelines as proposed by the United States Public Health Service “for the handling of blood and body fluids of all persons…. ” All appropriate college personnel will be trained in and will follow these procedures.
The college will continue to provide information programs designed to acquaint the community with current information about AIDS and how to avoid or minimize the risks of transmission of the virus.
In addition, any student who is concerned or has questions about AIDS or HIV may contact the Grand Traverse, Leelanau, Benzie District Health Department (Tri-County) in Traverse City, P.O. Box 905, Traverse City, MI 49685-0905, 616-922-4381 or the District Health Department #1 in Cadillac for free counseling and/or HIV testing.
Replaces PRO 6.085, Adopted January 10, 1991
Revised July 8, 1993
Revised February 20, 2006
Revised June 14, 2007
Revised July 17, 2008
Revised September 22, 2016
To view the policy, go to POL 6.125 Rights and Responsibilities of Students