Template

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

Last Update

<<- Back to TOC
<-- Back
                                                                                   86-500-1                                                                                                     
                                                             06-01-2006, 02-17-10, 03-25-12
      
           EXPULSION AND BARRING OF OLC STUDENTS (Policy and Procedure) 
      
      
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 College.

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.  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.

3.   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.  

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.

Document Version Pdf Version


Olc Main Page

Valid HTML 4.01! Valid CSS! Viewable With Any Browser