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PPM 86-500-1 Expulsion and Barring of OLC Students (Policy/Procedure) on www.olc.edu

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                                                                                           86-500-1                                                                                                     
                                                           06-01-2006, 02-17-10, 03-25-12, 12-20-14
      
                EXPULSION AND BARRING OF OLC STUDENTS (Policy and Procedure) 
      
      
OLC Policy #86-300, as amended from time to time, delineates acts that are considered 
misconduct and which may be subject to disciplinary action, including expulsion.  
Among acts which may result in expulsion are actual or threatened physical violence, or 
bringing a firearm of any type onto OLC property.  OLC has zero tolerance for student 
actions or confrontations that result - or could result - in a violent act by one student 
against another student or any employee of Oglala Lakota College.  

In the expulsion and barring of students from Oglala Lakota College, the Board of 
Trustees acknowledges that all students are entitled to due process in the expulsion and 
barring of OLC students.

A.   Expulsion from Local College Centers.

1.   The Local College Center Boards have the authority to bar or expel students from 
     their particular college center for student misconduct.

2.   Prior to barring or an expulsion of a student at a local college center, the appropriate 
     board will grant the student a hearing on the barring or expulsion with prior notice 
     provided to the student with the date of the hearing and the grounds for barring or 
     expelling the student in the notice. The hearing shall be held within thirty (30) 
     working days of the Boardís decision to consider expelling or barring the student. 

3.   Notice shall reference the grounds for student misconduct, the facts alleged to 
     constitute the violation, and notice of access to all statements of person relating to the 
     charge and to those parts of the studentís record which will be considered in 
     rendering a decision on the barring or expulsion of a student.

4.   Notice of hearing shall be given by the Local College Center Board in writing and 
     shall either be given to the student in person or sent by registered mail to the address 
     of the student at least seven (7) working days prior to the hearing. If notice is mailed, 
     it is deemed given upon the date of mailing. A signed and dated receipt shall be 
     requested of the student in case of personal delivery.  

5.   The student will be accorded a fair and impartial hearing on the barring or expulsion 
     of a student. The following procedure shall govern such hearings: 

     a.	  The student has the right to have present at the hearing the studentís parent(s) or 
          legal guardian(s) and to be represented by lay or legal counsel of the studentís 
          choice. Private attorney fees are to be borne by the student. 
     b.   The student has the right to produce witnesses on the studentís behalf and to 
          confront and cross-examine witnesses. 
     c.   The burden of proof will be by a preponderance of evidence. The burden of proof 
          rests within those who bring the charges. The final decision of the Local Board 
          will be by majority vote of the members present and voting. A tie vote will result 
          in a finding against expulsion/disbarment.
     d.   The Local Board shall tape record the entire hearing. 
     e.   The Chairperson of the Local Board shall inform the student of the decision and 
          the appeal process within seventy-two (72) hours of completion of the hearing. 


6.   The student may appeal the decision of the Local College Center Board to the hearing 
     officer. An appeal to the hearing officer must be filed with the Coordinator of Support 
     Services within 7 calendar days after receipt of the decision of the Local Board. The 
     hearing officer shall review the record and make a decision based thereon. The 
     hearing officer shall render a decision on the appeal 3 calendar days after receiving 
     the record. The decision of the hearing officer shall be final and binding upon the 
     student and respective local board.  

7.   The student has the right to have allegations of misconduct and information 
     pertaining thereto expunged from the studentís school record in the event the 
     appropriate board finds no grounds for barring or expelling the student. 

8.   If at any stage no further action is required, or if the condition originating the 
     proposed expulsion or barment becomes non-existent, the issue shall become moot; 
     but, the record of proceeding occurring prior to mootness and any evidence of record 
     submitted prior to mootness shall be admissible if relevant to subsequent situations or 
     events precipitating similar actions. 

9.   The conduct and procedure followed by the Local College Center and the Hearing 
     Officer shall be initiated by the college. Sufficient records should be kept to back up 
     decisions and be passed on to the next level if appealed.  

B.   Expulsion from Rapid City and Cheyenne River College Centers.

1.   For the Rapid City and Cheyenne River College Centers, the Coordinator of Student 
     Services has the authority to bar or expel students from these college centers for 
     student misconduct.

2.   Prior to barring or an expulsion of a student at a local college center, the Coordinator 
     of Student Services will grant the student a hearing on the barring or expulsion with 
     prior notice provided to the student with the date of the hearing and the grounds for 
     barring or expelling the student in the notice. The hearing shall be held within thirty 
     (30) working days of the Coordinator of Student Servicesí decision to consider 
     expelling or barring the student. 

3.   Notice shall reference the grounds for student misconduct, the facts alleged to 
     constitute the violation, and notice of access to all statements of person relating to the 
     charge and to those parts of the studentís record which will be considered in 
     rendering a decision on the barring or expulsion of a student.

4.   Notice of hearing shall be given by the Coordinator of Student Services in writing and 
     shall either be given to the student in person or sent by registered mail to the address 
     of the student at least seven (7) working days prior to the hearing. If notice is mailed, 
     it is deemed given upon the date of mailing. A signed and dated receipt shall be 
     requested of the student in case of personal delivery. 

5.   The student will be accorded a fair and impartial hearing on the barring or expulsion 
     of a student. The following procedure shall govern such hearings:

     f.	  The student has the right to have present(s) or legal guardian(s) and to be 
          represented by lay or legal counsel of the studentís choice. Private attorney fees 
          are to be borne by the student. 
     g.   The student has the right to produce witnesses on the studentís behalf and to 
          confront and cross-examine witnesses. 
     h.   The burden of proof will be by a preponderance of evidence. The burden of proof 
          rests within those who bring the charges. The final decision will made by the 
          Coordinator of Student Services.
     i.   The Coordinator of Student Services shall tape record the entire hearing. 
     j.   The Coordinator of Student Services shall inform the student of the decision and 
          the appeal process within seventy-two (72) hours of completion of the hearing. 
6.   The student may appeal the decision of the Coordinator of Student Services to the 
     hearing officer. An appeal the hearing officer must be filed with the OLC Personnel 
     Director within seven (7) calendar days after receipt of the decision of the 
     Coordinator of Student Services. The hearing officer shall review the record and 
     make a decision based thereon. The hearing officer shall render a decision on the 
     appeal three (3) calendar days after receiving the record. The decision of the hearing 
     officer shall be final and binding upon the student and respective local board. 

7.   The student has the right to have allegations of misconduct and information 
     pertaining thereto expunged from the studentís school record in the event the 
     Coordinator of Support Services or Hearing Officer finds no grounds for barring or 
     expelling the student. 

8.   If at any stage no further action is required, or if the condition originating the 
     proposed expulsion or barment becomes non-existent, the issue shall become moot; 
     but, the record of proceeding occurring prior to mootness and any evidence of record 
     submitted prior to mootness shall be admissible if relevant to subsequent situations or 
     events precipitating similar actions. 

9.   The conduct and procedure followed by the Coordinator of Support Services and the 
     Hearing Officer shall be initiated by the college. Sufficient records should be kept to 
     back up decisions and be passed on to the next level if appealed. 

C.   Expulsion from all OLC facilities and programs by the College President.

     1.   In the expulsion of a student for student misconduct from all of the college centers 
          and OLC programs, the President solely has this authority to bar or expel a 
          student after a review of the record. 

     2.   A documented case of a student involved in a violent act against another student, 
          or a student bringing a firearm onto OLC property, shall result in immediate 
          expulsion by the President from all of the college centers and OLC programs.  In 
          the case of a student involved in a violent act against another student, if there is a 
          determination made that the student provoked the violent act, the student involved 
          in provoking the attack shall also be immediately expelled from all of the College 
          Centers and OLC programs.

     3.	  Notice of the decision to expel shall be in writing and shall either be given to the 
          student in person or sent by registered mail to the address of the student.

     4.	  The student may appeal the decision of the President to the hearing officer. An 
          appeal to the hearing officer must be filed with the Coordinator of Support 
          Services within 7 calendar days after receipt of the decision of the President. The 
          hearing officer shall review the record and make a decision based thereon. The 
          hearing officer shall render a decision on the appeal 3 calendar days after 
          receiving the record. The decision of the hearing officer shall be final and binding 
          upon the student and the President.  

     5.	  After being on expulsion for one semester, a student can make a written request to 
          be taken off expulsion with the requirement that they must agree and sign a 
          contract agreeing to conduct themselves properly as a condition of being 
          reinstated as an OLC student.


D.   Temporary Suspension. 
 
1.  In an emergency situation that will protect the safety of the other students, community 
    members, OLC staff, and instructors, the President can temporarily suspend a student 
    until the hearing for barring or expelling the student is held. 

    During a temporary suspension, the student may be denied access to college facilities 
    including attendance at class or other college activities or privileges for which the 
    student might otherwise be eligible.


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