Students wishing to submit written complaints regarding college student service issues may do so with the Vice-President for Student Services. Students should first follow any documented procedures for handling of concerns as covered in this Student Handbook or the Academic Catalog before submitting concerns to the Office of Vice President. Grade appeals are not covered under this complaint section, all grade appeals should follow the outlined grade appeal process as listed. The student complaint form may be found on the San Juan College website.

Students are required to have a Student Identification (ID) Card. Each student is provided an ID card at the time of their first enrollment at San Juan College. Replacement cards will be provided at a cost of $10.00. Students may be asked to present their ID cards to be properly identified by College Officials in the performance of their duties. For more information or to get a student ID contact the Advising Center at (505) 566-3404.

San Juan College recognizes the fact that every individual is unique and may excel in a wide range of areas. Therefore, SJC strives to provide an environment in which students, staff and faculty create activities and organization to enhance co-curricular life. These activities and organizations provide students with the opportunity to develop leadership skills, build relationships and take an active role in the formation of campus plans and policies. A listing of active student organizations and activities at San Juan College can be obtained at the Office of Student Engagement and Campus Life, Learning Commons, Rm. 6107, (505) 566-3403, or found on the website at SJC Student Clubs.

The Student Counseling Center is a place where students can learn to deal with personal concerns and/or situations. For more information, please call or visit the Counseling Center, Educational Services Building, (505) 566-3404.

For detailed information regarding procedures and deadlines for Enrollment, Enrollment Verifications, Withdrawals, Administrative Withdrawals, Emergency Withdrawals, Degree Audits, Academic Suspension, and other related information, please contact Registration and Records Office, Enrollment Services Building, (505) 566-4203.

All students/faculty/staff are required to follow College transportation and parking regulations as condition of admittance and continued attendance according to College policies.

1. San Juan College adopts and adheres to the City of Farmington, New Mexico Parking Code 1969 § 19-41, which follows State Law Municipal parking, NMSA 1978 § 3-50-1et seq.; authority to regulate parking NMSA 1978, § 66-7-9(1). The Vice President for Student Services has the authority, as designated by the Board of Trustees, to designate in conjunction with approved City standards, all parking spaces on campus for specified usage.
   
   
2. No person shall park a vehicle on a state educational institution or post-secondary educational institution campus in violation of state law, city ordinance, or parking regulation duly adopted by the institution owning or controlling the campus upon which the vehicle is located. Violations of this section will result in the issuance of a citation which will be filed with the municipal court and handled by the traffic violations bureau as provided in division 2 of article 2 of chapter 25. (Ord. No 2011-1250, § 5, 10-25-11)

Student Violators:

Are issued parking citations that are adjudicated by Farmington Municipal Court. In the event that a student fails to pay the mandated fine, the Municipal Court will notify San Juan College in writing that the student has failed to take the appropriate steps to take care of the citation, at which time the students records will be placed on hold and the Municipal Court will issue a warrant.

Faculty, Staff, and Guests Violators:

Are issued parking citations that are adjudicated by Farmington Municipal Court. If a violator fails to take the appropriate steps to pay the mandated fine, the Municipal Court will issue a warrant.

The San Juan College Department of Public Safety (DPS) assists College community members and visitors by providing a number of programs designed to provide a safe and supportive learning environment. DPS is charged with creating and distributing the Annual Security report. More information can be accessed at the Department of Public Safety.

The purpose of San Juan College’s Behavioral Intervention Team (BIT) is to provide the campus community with the necessary information to refer students in psychological distress, or who are experiencing personal crises, to the appropriate resources on-campus. The BIT uses a proactive approach to coordinate and plan responses to identify, assess, manage, reduce and educate the campus community as to the risk of individual or interpersonal violence. For more information or to submit a report please visit the San Juan College Behavioral Intervention Team.

Introduction

The Student Code of Conduct and incorporated College policies are provided to inform the student body of the expected standards of behavior and policies that are fundamental to the normal activities of San Juan College. The purpose of the Code of Conduct is to develop and maintain rules for a reasonable and comfortable learning environment for all Members of the College Community. The Code of Conduct specifically clarifies the rights and responsibilities of students at San Juan College. The College has established regulations and procedures essential to an atmosphere of mutual respect which is sensitive to rights of all individuals.

Definitions

For the purposes of this code of Conduct, these definitions apply:

1. Academic Misconduct, includes, but is not limited to the use of any unauthorized assistance in taking quizzes, test, or examinations; plagiarism, misappropriation of another’s work product; dependence upon sources of aid beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments, or the acquisition, without permission, of tests or other academic material belonging to a member of the College Faculty or staff.
2. Coercion: unreasonable pressure for sexual activity including, but not limited to, ignoring the verbal or physical objections of another person (e.g., a person repeatedly saying “no” or “stop” or pushing the other person away).
3. College: San Juan College
4. College Official: employees and other outside parties to whom the College has outsourced services or functions with a legitimate educational interest having responsibility for working with students.
5. College Premises: all land, buildings, facilities, sidewalks, roadways, parking lots, and/or grounds controlled, owned, or leased by the College. College premises also include, but is not limited to, all College-owned, leased or rented vehicles.
6. Complainant: an individual who believes and claims that they have been the subject of a violation of the Student Code of Conduct by another student and/or student organization. The “Complainant” has the right to report violations of law or College policy with the Dean of Students, SJC, or the appropriate College Official.
7. Consent: knowing, and voluntary, and clear permission by word or action to engage in sexual activity. Consent requires a clear affirmative act or statement by each participant to each sexual act in a sexual interaction. Consent demonstrates that the conduct in question is welcome or wanted. Relying solely on non-verbal communication can lead to miscommunication about one’s intent. Confusion or ambiguity may arise at any time during a sexual interaction. Therefore, it is essential that each participant makes clear his or her willingness to continue at each progression of the sexual interaction.
   a. Consent cannot be obtained by any of the following means:
   i. Coercion;
   ii. Force;
   iii. Causing another’s incapacitation through the use of drugs or alcohol or other means resulting in mental or physical incapacitation; or
   iv. Taking advantage of another person’s incapacitation, state of intimidation, helplessness, or other inability to consent.
   b. Sexual activity will be considered “without consent” if no clear act or statement is given. Consent may not be inferred from silence, passivity or lack of active response alone. A person who is asleep, unconscious or otherwise unaware of what is happening is unable to give consent. Furthermore, a current or past dating or sexual relationship is not sufficient to constitute consent in every instance, and consent to one form of sexual activity does not imply consent to other forms of sexual activity and can be revoked at any time. It is the responsibility of the person initiating the sexual activity to obtain consent from his or her partner.
8. Decision Maker: any person or persons authorized by the Dean of Students or the Vice President for Student Services to hear misconduct cases, consider the provided information, and recommend an appropriate outcome, which may include recommending or imposing sanctions. A Decision Maker may be referred to as a Conduct Board or Appeal Panel.
9. Force: the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, or intimidation (i.e., implied threats) and/or coercion that overcome resistance or produce consent.
10. Incapacitation: any condition in which someone cannot make rational, reasonable decisions and therefore lacks the capacity to give knowing consent (e.g., to understand the "who, what, when, where, why, or how" of their sexual activity). A person may be unable to consent when they are mentally or physically incapacitated due to the influence of alcohol, drugs, or medication, and/or when they are asleep or involuntarily physically restrained. A person may be incapacitated as a result of mental disability or not capable of legally giving consent as a result of age (in New Mexico, persons under the age of eighteen (18)).
11. Member of the College Community: any person who is a student, College Official, or any nearby stakeholder of the College. The Dean of Students shall determine a person’s status as the situation warrants.
12. Misconduct: a matter of concern to the College. Reports of misconduct that are labeled inappropriate, disruptive, destructive, and/or in violation of College regulations usually are made in the first instance to the Dean of Students.
13. Respondent: any student or student organization accused of violating this Student Code of Conduct or any other related published College policy. The president or designee(s) of the Respondent organization shall be the primary point of contact for correspondence with the Dean of Students throughout and upon the conclusion of investigations.
14. Sanction: a consequence imposed by San Juan College on a Respondent who is found to have violated this policy.
15. Student: any person admitted and/or enrolled at San Juan College, whether full-time, part-time, dual credit, on campus, abroad, online, or any other form of enrollment. Persons not officially enrolled for a particular semester, but who are eligible to enroll or who have a continuing relationship with San Juan College may be considered students.
16. Tobacco Products: includes all forms of tobacco, herbal tobacco or simulated products, but is not limited to cigarettes, e-cigarettes, vape pens, cigars, pipes, cloves, bidis, and kreteks, chewing tobacco, snuff, and all other kinds and forms of tobacco prepared in such a manner to be suitable for spit tobacco use, smoking, or both.

Student Expectations and Responsibilities

The objective of San Juan College is to provide an opportunity for education to all of its students. In order to achieve this objective, it is important to define standards of conduct or limits of behavior that will enable students to work together with the faculty, staff, and administration in a positive manner. 

Standards of Behavior

Attendance at San Juan College is not compulsory. The voluntary entrance of a student into San Juan College means that the student also voluntarily assumes obligations of performance and behavior reasonably imposed by the College. San Juan College is an institution of higher learning. Thus, the rules and regulations are designed to ensure optimal conditions of learning for all students. Standards of conduct for students are seen as a base or foundation of behavior rather than arbitrary limits of behavior. The College’s approach to student discipline emphasizes assisting students in understanding and accepting responsibilities for their behavior. Both the interests of the student and the College are considered when deciding the desirability and appropriateness of undertaking a course of discipline.

Scope of College Authority

1. The College’s authority is vested in the San Juan College Board of Trustees and the President of San Juan College. This includes authority to control and regulate various aspects of student behavior through disciplinary means. The President of San Juan College delegates to the Vice President of Student Services or the Vice President’s designee(s) the authority to investigate potential or alleged student violations of College regulations and to determine and administer appropriate sanctions using a preponderance or weight of the evidence standard. All student conduct disciplinary decisions are carried out in the name of the President. Any sharing or delegation of the student conduct function remains revocable.
2. The Dean of Students has the primary responsibility for student discipline. Reports of alleged Prohibited Conduct as defined below should be made to the Dean of Students. In certain circumstances, the Vice President for Student Services may intervene and hear any case of Prohibited Conduct.
3. For situations in which the complaint involves sexual harassment, discrimination, or the Violence Against Women Act of 1994 (“VAWA”) the San Juan College Non-Discrimination and Harassment Policy found in Chapter 14 of the San Juan College employee Handbook may control. Chapter 14 of the San Juan College Handbook may be found on the College’s website.

Jurisdiction of the College

The College’s jurisdiction to address Prohibited Conduct shall be limited to acts which occur on College premises or which adversely affect the College Community and/or the pursuit of the College’s educational objectives.

Prohibited Conduct

Any student or student organization found to have committed the following acts (“Prohibited Conduct”) is subject to disciplinary sanctions issued by the College.

1. Acts of dishonesty, including but not limited to the following:
   a. Academic Misconduct;
   b. Furnishing false information to any College official or office. This includes the submission of documentation in which required information or documents have been omitted:
   c. Forgery, unauthorized alteration, or misuse of any College document, record, or instrument of identification;
   d. Knowingly falsifying or being a party to the falsification of any official College record;
   e. Tampering with the election of any College recognized student organization;
   f. Assuming the identity of another; or
   g. Any other act of dishonesty which adversely affects the College or the pursuit of its objectives.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public-service functions
3. Verbal abuse including threats, intimidation, harassment, stalking, bullying, and/or other conduct that threatens the health or safety of any person undertaken through any medium.
4. Attempted or actual physical contact that reasonably could result in bodily injury, pain, or impairment. This includes fighting or any other form of physical violence against another person.
5. Attempted or actual theft, or unauthorized removal, of College property or property of another individual or entity.
6. Attempted or actual damage to College property, property of another individual, entity, or public property.
7. Hazing and/or any solicitations to engage in Hazing. Hazing is defined as an act which recklessly or intentionally endangers the mental or physical health or safety of a student, which may degrade any person or lead to the destruction or removal of public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Regardless of the incident location(s), any student(s) and/or student organization(s) found responsible for any form of hazing may be subject to immediate suspension and/or expulsion. The expressed or implied consent of the victim shall not be considered as a defense. Apathy and/or consent in the presence of hazing are not neutral acts; they shall be considered violations of this policy.
8. Failure to comply with the directions of College officials or law enforcement officers acting in the performance of their duties including failure to identify oneself to these persons when requested to do so.
9. Unauthorized entry to, presence, or use of College premises or Property including unauthorized possession, duplication, or use of keys or means of access to any College premises.
10. Aiding or facilitating an unauthorized person to access or use of College equipment or property.
11. Violation of College policies, procedures, rules, or regulations.
12. Violation of applicable federal, state or local law.
13. Use, possession, manufacture, cultivation, being in the presence of, or distribution on the College’s property or at College sponsored events of marijuana, synthetic cannabinoids, heroin, narcotics, other controlled substances as defined by any applicable law or drug paraphernalia (including objects used or intended for drug consumption), except as expressly permitted by law.
14. Intentionally inhaling or ingesting any foreign substance that alters a student’s mental state. The nonmedical use of prescription medication on the College’s property or at College sponsored events. This includes possession and distribution of medications that are off label and those that are not prescribed to the person in question or use of prescription medication at a rate not congruent with the prescription.
15. Use, possession, manufacture, distribution, and being under the influence of alcoholic beverages except as expressly permitted by state law and regulations, or public intoxication on College premises or College sponsored activities.
16. Driving, operating, or controlling a motor vehicle on College property or while attending a College sponsored event while impaired by the slightest degree by any intoxicating substance.
17. Distribution or attempted distribution of alcoholic beverages (including powder forms of alcohol), in any circumstances, by or to any person who is legally prohibited to possess the same.
18. Illegal or unauthorized possession, usage, or storage of firearms, explosives, electronic control devices, such as Taser or other stun guns, other weapons, or dangerous chemicals on College premises in a manner that could reasonably be expected to threaten, harm, incapacitate, or cause fear to other College community members.
19. The possession, use, or firing of firearms, fireworks, explosives, ammunition, replica firearms or other weapons (bb guns, paintball guns, rifles, bows, swords, metal knuckles, blackjacks, hand chains, knives, etc.) Lawfully stored handguns may not be removed from vehicles without prior valid written consent of the College President while the vehicle is on College property.
20. Initiating, causing, or contributing to any false report, warning, or threat of fire, terrorism, or other emergency.
21. Willfully interfering with the educational process by committing, threatening to commit, or inciting others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of the College.
22. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or College sponsored activity.
23. Conduct which is lewd, obscene, or indecent, including unsolicited communications.
24. Theft or other abuse of computer and network resources, including but not limited to:
    a. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
    b. Unauthorized file transfer, modification, deletion, or security access parameters.
    c. Unauthorized use of another individual’s identification and password.
    d. Use of computing facilities to interfere with the work of another student, faculty member or College official.
    e. Use of computing facilities to view or send obscene or abusive messages.
    f. Use of College computing facilities and/or other College resources to interfere with normal operation of the College computing system or network.
    g. Any violation of the College Acceptable Use Policy
25. Abuse of the student conduct system including but not limited to:
    a. Falsification, distortion, or misrepresentation(s) of information before a hearing body or College official.
    b. Disruption or interference with the orderly conduct of a hearing body proceeding.
    c. Facilitation of an unauthorized Student Conduct Hearing.
    d. Attempting to influence the impartiality of a member of a hearing body prior to and/or during the course of the student conduct proceeding.
    e. Harassment (verbal or physical) and/or intimidation of a member of a hearing body prior to, during, and/or after a hearing body proceeding.
    f. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
    g. Influencing or attempting to influence another person to commit an abuse of the student conduct system.
26. Sexual Harassment as defined in Chapter 14 of the San Juan College Handbook.
27. Retaliation, such as initiating (directly or indirectly) any adverse action against an individual or organization in reprisal to the person’s or organization’s reporting of a College policy violation or crime.

The College will cooperate with law enforcement and other federal, state, or local agencies in the enforcement of criminal law on-campus and in the conditions imposed by criminal courts for the rehabilitation of student violators, as required by federal privacy and compliance laws including, but not limited to, the Family Educational Rights and Privacy Act of 1974. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives, as they deem appropriate. When a student is charged by federal, state, or local authorities with a violation of law, the College has the ability to grant special consideration to individuals regarding the student conduct proceedings, due to legitimate circumstances and an absence of imminent danger. Legitimate circumstances will be determined by the Dean of Students.

Reporting Violations

Any person may file a written complaint against any student for alleged Prohibited Conduct. Complaints shall be submitted to the Dean of Students. All complaints should be submitted as soon as possible after the event takes place or as soon as the complainant becomes aware of an incident, preferably within forty-eight (48) College business hours. Complaint forms may be acquired online on the college website.

Prohibited of Retaliation for Reporting

Retaliation against complainants and/or alleged victims of persons accused of College policy violations is prohibited by College policy and federal and state laws. Retaliation includes, but is not limited to, threats, hazing, intimidation, stalking, and/or reprisals against anyone who reports or files a complaint against an SJC student. This policy also prohibits retaliation against witnesses of alleged policy violations.

Amnesty Policy

San Juan College encourages:

1. The reporting of alleged sexual misconduct.
2. Seeking emergency medical assistance for themselves or others in alcohol or drug-related medical emergencies.

The College also recognizes that the potential for disciplinary action by the Office of Student Services may act as a deterrent to reporting and/or seeking medical assistance. Therefore, the College may offer amnesty for minor conduct violations to:

1. A student who may have committed a minor violation at the time of a more serious incident; or
2. A student who offers help to those who need medical assistance.

If amnesty is offered, educational options may be explored, but no conduct actions or record will result.

Temporary Suspension

If a student poses an immediate and present danger or ongoing threat of damage to life, College property, or disruption of normal College operations, the College may impose Temporary Suspension from the College prior to a hearing. Such an administrative decision will be effective immediately to ensure the safety and well-being of Members of the College Community, preservation of College property, students’ physical or emotional safety and/or well-being. During the specified temporary suspension period, a student may be denied access to the College premises, services and activities (including classes). The student shall be notified of this action and reasons for the temporary suspension in writing.

Preliminary Investigations

A preliminary investigation of the information provided may be necessary to determine if there is credible information that warrants notifying a student, student group, or student organization of alleged policy violation(s). The preliminary investigation is a neutral fact-finding process that is used to determine whether there is sufficient information to warrant action by the College. Preliminary meetings with the Complainant and/or Witnesses may occur before initiating the student conduct process or contacting the Respondent. If the Respondent is contacted about the case during the preliminary investigation, the Respondent will be made aware of the initiation of a preliminary investigation and that the incident could result in a student conduct process being initiated.

Students who are contacted by the Office of Student Services should respond immediately by following the directions specified in the personal conversation, voice-mail, and/or post letter that they receive and schedule a meeting with the Dean of Students or his/her designee by the deadline identified within the notice.

Notices issued through College email addresses are considered proper notification to students. Students are responsible for checking their email on a regular basis for College communication. The preliminary investigation may result in any of the following:

1. No Action: if there does not appear to be credible information to indicate a violation occurred, the case will not be pursued through the formal student conduct process. The information may still be retained by the College to document that the situation was reviewed.
2. Educational Conversation: If the situation is concerning but doesn’t appear to be a violation (e.g. an incident that occurs outside of the College’s jurisdiction, or repeated low-level behaviors), there may still be an institutional response without formal conduct charges.
3. Conflict Resolution: If the situation involves an identifiable harmed party or community impact, the situation may be addressed through conflict resolution. The conflict resolution process allows individuals involved in a conflict to have significant influence over the resolution process and possible outcomes. All involved parties must willingly agree to participate.
4. Referral: The matter may be referred to the Title IX Coordinator/EEO Officer for further investigation of complaints involving Sexual Harassment, harassment, or discrimination.
5. Initiation of Formal Conduct Process: If it appears from the preliminary investigation that facts are present that indicate that a respondent may have violated the Student Code of Conduct and the College has jurisdiction under the Student Code of Conduct, the formal conduct process will be initiated.

Written Notice:

Once the initiation of the conduct process has occurred, the respondent will be provided with a written notice within two (2) business days unless exceptional circumstances exist. The notice will include the following:

1. The alleged policy violation(s);
2. The name of the Complainant;
3. A link to the Handbook for more information;
4. The date and time of a scheduled Informational Meeting;
5. An explanation of the ability to have an advisor of choice present throughout the student conduct process;
6. The contact information for the Decision Maker responsible for resolving the case.
7. A checklist of the students’ expectations

Notice is considered given to a student if it is sent to the student’s official @my.sanjuancollege.edu email address or is mailed to the local address on file with Records and Registration or the permanent address on file. For student groups or organizations, notice is considered given if it is sent by any of the aforementioned means to the student who is the last known President of the student group or organization, as provided by Student Engagement and Campus Life office records or the responsible party for the student group/organization, such as an advisor. Upon receipt of appropriate notification, respondents may choose not to participate in the process. In these situations, decisions will be made in their absence, unless a documented dire emergency can be verified to account for the Respondent’s absence.

Advisors

Complainants and Respondents shall have the right to be assisted by any one advisor they choose, at their own expense, unless that person’s presence and/or actions disrupt the operations of the hearing. Participating students should select an advisor or person whose schedule allows attendance at the allotted dates and times for Hearings. Generally, delays shall not be allowed because of scheduling conflicts of advisors. The role of an advisor in the Student Conduct process is to provide support for the student as they navigate the process. They are to assist the student in understanding options and providing clarifications. They will be listening to the communication between student and Decision Maker and may assist the student as needed in understanding the process. Advisors that disrupt the process may be prohibited from participation in the process by the Decision Maker. The student may then be given an opportunity to select a new advisor. In cases in which Title IX procedures may apply, the role of the advisor will be controlled by the provisions set forth in Chapter 14 of the San Juan College Employee Handbook.

Administrative Review Hearing

An Administrative Review Hearing will be held to determine whether there is sufficient evidence to determine whether the Respondent violated the Code of Conduct through Prohibited Conduct. The Dean of Students or his/her designee shall be the Decision Maker for the purposes of the hearing. The Decision Maker shall interview the Complainant, the Respondent, and possible witnesses regarding the alleged policy violation. Advisors may be present during the interviews but will not be allowed to provide statements or evidence. The interviews shall be recorded by SJC for the purposes of maintaining a record and for review in the appeal process. The Complainant and Respondent may also submit relevant documentary or physical evidence to the Decision Maker for consideration during the hearing. Based upon the interviews and evidence reviewed during the hearing, the Decision Maker shall decide whether it is more likely than not that the Respondent violated the Student Code of Conduct and issue a written Notice of Outcome pursuant to the provisions set forth below.

Conduct Board Hearing

In cases in which suspension or expulsion may be an appropriate outcome, the Respondent will be given the opportunity to request a Conduct Board Hearing. Respondent must notify the Dean of Students of their request in writing within (5) business days of the receipt of written notice.

1. For a Conduct Board Hearing the Decision Make is a Board of three (3) or five (5) individuals comprised of students, faculty, and/or staff. A minimum of one (1) member must be a student. The Board is responsible for determining whether it is more likely than not that a violation occurred and determine appropriate outcome(s). One (1) panelist will serve as the Board Chairperson, selected by the Dean of Students or their designee, and is responsible for communicating the determination of responsibility to the Dean of Students, who will notify the Respondent(s) and Complainant(s) of the decision.
2. Decisions of the Board will be determined by a majority vote. The Dean of Students or designee will serve as the Board Advisor but does not cast a vote and does not participate in deliberations.
3. Hearings will be recorded by SJC for the purposes of maintaining a record and for review by the Decision Maker in the appeal process, should the need arise. No other recordings will be permitted.
4. The Complainant and/or Respondent shall have the right to challenge the participation of any member of the Board. The Chairperson shall consider the merit of the challenge and decide to either retain the hearing body member or dismiss the hearing body member for that particular case.
5. The Complainant, Respondent, and the Board shall have the privilege of presenting witnesses, subject to the right of cross- examination by each party. Advisors for the Complainant and Respondents may be present at the hearing but cannot provide evidence or testimony. The Complainant and Respondent will be required to identify their proposed witnesses to the hearing body, no later than two (2) College business days prior to the Hearing. The Decision Maker may accommodate for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or other witnesses during a Hearing by providing separate facilities, videoconference capabilities, by permitting participation by telephone, written statements, or other means, as deemed appropriate by the Dean of Students.
6. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Board at the discretion of the Chairperson.
7. All procedural questions are subject to the final decision of the Chairperson of the Board. The Chairperson may consult with a representative of the Dean of Students and/or College Legal Counsel at any point during the hearing.
8. At the conclusion of the Conduct Board Hearing, the Board shall issue a Notice of Outcome as set forth below.
9. Outcomes shall be made on the basis of whether it is more likely than not (preponderance of the evidence) that the Respondent violated the Student Code of Conduct.

Notice of Outcome

The Complainant and Respondent shall be informed of the final outcome of hearing and a determination of whether the Student Code of Conduct was violated. In accordance with the Federal Educational Rights and Privacy Act of 1974 and the Crime Awareness and Campus Security Act of 1990, the Complainant or alleged victim (if different from Complainant), shall be provided written notice of the outcome of the investigation and/or determination of crimes of violence. The Notice of Outcome, when appropriate, shall state the sanction(s) imposed, if any, as a result of the violation. The Notice of Outcome shall also include a statement of the applicable appeal rights.

Appeal of Notice of Outcome

An appeal is a review of the Notice of Outcome, not an opportunity for a new hearing. The appeal process serves as a procedural safeguard for the student(s) involved. The Complainant(s) or Respondent(s) may appeal a Notice of Outcome as set forth below. A request for an appeal shall only be heard if the Appellant demonstrates that:

New documentation or evidence has become available that could substantially impact the outcome or sanction(s) imposed after the hearing and that the documentation and evidence was unavailable during the original hearing. The appellant will be responsible for providing a detailed summary of this new documentation and its potential impact must be included. In cases where newly acquired or discovered documentation, sufficient enough to alter the original outcome is submitted as an appeal request beyond 6 months after the original outcome is rendered, the matter may be reviewed by the Dean of Students for consideration of re-opening the case. If the newly acquired or discovered documentation is not sufficient enough to alter the original outcome, the appeal request may be denied; or

A procedural or substantive error occurred during the hearing that significantly impacted the outcome of the Hearing. The appellant will be responsible for providing a detailed summary of the procedural error with a citation to the portion of the record that contains the error.

Appeal Process

To initiate an appeal, a Respondent or Complainant must make a written request. The appeal should include the basis for appeal and all evidence/information to be considered by the Decision Maker. All appeals must be, completed, signed, dated, and submitted to the Office of Services within three (3) College days after the Outcome Notice has been rendered. Failure to check or claim notice of the Outcome Notice by email, US Postal Service, or campus mail will not constitute an acceptable reason for non-receipt of the original outcome.

The Dean of Students has ten (10) working days from receipt of the signed notice of appeal to initiate a preliminary review of the appeal request to determine if the appeal request has met the deadline requirement, notify involved parties of the appeal request and designate a Decision Maker or notify the Appeal Panel.

Outcomes which do not result in temporary suspension, suspension, expulsion, credit rescission, or degree revocation, shall be entitled to a request for an appeal by a Decision Maker designated by the Vice President of Student Services. Outcomes which result in suspension, expulsion, credit rescission, or degree revocation, shall be entitled to an appeal by the Appeal Panel.

The Decision Maker or Appeal Panel will conduct a review of the appeal and determine whether the information submitted by the Appellant merits remanding the matter for a new hearing. In cases in which an Appeal Panel is used, the outcome of the appeal will be determined by majority vote of the panel members.

The final outcome of the Appeal Panel or Decisions Maker will be given to the individuals involved, and the Dean of Students, within five (5) working days following the completion of the review.

Appeal Panel

Appeals involving cases resulting in suspension, expulsion, degree revocation or rescission of credit will be reviewed by a panel composed of two (2) persons and a chairperson. The membership of the Panel will include.

1. One (1) Chairperson will be a San Juan College employee (outside the department of the alleged discrimination occurrence);
2. One (1) student and
3. One (1) additional San Juan College employee (outside the department of the alleged discrimination occurrence);
4. “Employee” may represent faculty or professional staff.

Sanctions During Appeal

All sanctions imposed after Hearing will be in effect during the appeal request and review. A request may be made to the Dean of Students for special consideration, due to exigent circumstances, but the presumptive stance of the College is that the sanctions will stand. Graduation, study abroad, internships, and co- curricular activities do not, in and of themselves, constitute exigent circumstances. Hence, students may not be able to participate in those activities during their appeal request and review. In cases whereby, the appeal reviews result in a reinstatement to the College or of a return of previously lost privileges, all reasonable attempts will be made to restore the students to their prior status and assist with correspondence for missed coursework, while acknowledging that some opportunities may be lost in the short term. The College shall maintain safety as the first priority.

Sanctions

Sanctions for violation of the Student Code of Conduct may include any of the following, singularly or in combination:

1. Warning - A verbal and/or written notice to the student that the student is violating or has violated College regulations.
2. Apology Letter - A typed and signed apology letter by the respondent(s) acknowledging responsibility for the College violation(s) and providing a sincere expression of remorse to the victim(s) and/or stakeholders of the misconduct.
3. Loss of Privileges - Denial of College privileges for a designated period of time, such as denial of entry or usage of certain areas on-campus or restricted usage or attendance of certain College privileges or events.
4. Disciplinary Conduct Hold - A student given a disciplinary hold may be required to have all enrollment and release of academic records approved through the Dean of Students. A disciplinary hold may also be utilized to ensure compliance with other sanctions or requests to appear.
5. Parental Notifications – If a student is under the age of twenty-one (21) and has been found responsible for violating any local, state, or federal laws, including any alcohol or controlled substance policies, then the Dean of Students and/or designee may contact and discuss the matter and/or resolution with the parents or legal guardian of the student.
6. Assessments/Evaluations - A directive to attend and actively participate in 1-2 appointments or sessions that will aid in the direction of the overall sanction learning outcome. These appointments or sessions may be facilitated by a SJC Mental Health Counselor or other campus or non- campus agency.
7. Program Participation - A directive to attend, actively participate, and successfully complete individual and/or group appointments or sessions that will aid in the direction of the overall sanction learning outcome.
8. No Contact Order - A directive that prohibits all forms of contact with another person or persons, which specifies a time period of enforcement. Forms of contact may include, but are not limited to, telephone calls, contact through another person, contact initiated through social media, attendance of certain College- sponsored events, text messages, e-mail or any other electronic means. A No Contact Order may be temporarily instituted prior to a hearing as a means of preserving the safety of the College learning community and balancing the rights of respondents and/or as a final sanction at the conclusion of a hearing. Violation of the No Contact Order may result in a final sanction of suspension from the College.
9. Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
10. Discretionary or Educational Sanctions - Community service, program development / promotion, program participation and/or completion, written assignments, research assignments, or other related discretionary assignments. Such assignments must have the prior and concluding approval of the Dean of Students.
11. Probation - A written reprimand for violation of specified regulations for a designated period of time and includes the probability of more severe sanctions, such as suspension or expulsion, if the student is found responsible for violating any further institutional regulation(s) during the probationary period.
12. Suspension - The student is required to leave the College for a finite period time, not less than the remainder of the current semester in which he or she is enrolled. During the suspension period, a student may not attend classes (either in person or online) nor participate in a student group or student organization activities, whether they occur on or off-campus. A suspended student is not permitted on College property. A currently enrolled student is withdrawn from their classes and is not eligible for a refund. A registration and records hold will be placed on the student’s account until the conclusion of the suspension period. The student must complete all assigned educational sanctions before the conclusion of the suspension period. The suspension will remain in effect until they are completed. Any further violations of College policy while on suspension could result in more serious sanctions being imposed.
13. College Expulsion - The student is separated from the University without the possibility of graduation or future enrollment. The student is not allowed on University premises unless authorized in writing in advance under conditions approved by the Vice President for Student Services or their designee. A currently enrolled student is withdrawn from their classes and is not eligible for a refund.
14. Degree Revocation or Rescission of Credit - For those students found to have violated College policy and who have already graduated, the College may elect to revoke the degree(s) of a given student. Likewise, the College may elect to rescind credit for a specified course or program.

More than one (1) of the sanctions listed above may be imposed on any single violation. Furthermore, the aforementioned sanctions are not meant to be a comprehensive list.

Students are responsible for reviewing the information contained in the official College catalog. The catalog contains regulations governing academic programs, course requirements, campus life, and other important information located in the San Juan College Academic Catalog.

The Family Educational Rights and Privacy Act (FERPA) of 1974, is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. San Juan College complies with the guidelines of the Family Educational Rights and Privacy Act of 1974, which details can be found in the Policies listed in the San Juan College Academic Catalog.

The Office of Accessibility Services provides and coordinates mandated support services, auxiliary aids, and accommodations for students with disabilities, which allow them to gain equal access to an education. The Office of Accessibility Services also serves as a resource to the College community and promotes awareness so that students with disabilities can participate in all facets of College life (For more information, please visit the Office of Accessibility Services).

San Juan College complies with all applicable federal and state laws. Students with disabilities who need special accommodations must make their requests by contacting Accessibility Services, Educational Services Building, Room 4106, (505) 566-3404. Remember, some accommodations require an extensive amount of time to fulfill (i.e. sign language interpreting, Braille, electronic text, and audio textbooks). Early notification is requested in order to ensure equal access to class materials in a timely manner.

Some students may have hidden disabilities and are protected under federal and state laws. These students are expected to meet the same standards of conduct as any student. It is important that an instructor establish standards of conduct for his or her classroom and enforce them for all students.

San Juan College, to the extent required by law, is not required to retain or readmit a student with a disability whose behavior poses a direct threat to the safety of others. If you believe that a student is engaging in misconduct or exhibiting behaviors that are disruptive to the classroom, you should immediately contact the Dean of Students at: (505) 566-3170 to discuss the situation and determine if a College violation has occurred. In cases of emergency, call 911.
You can obtain further information by visiting the San Juan College Accessibility Services.

Service Animal Policy

San Juan College permits animals on College premises, in accordance with applicable law and SJC Policy. Animal owners and handlers are required by San Juan College to be fully responsible for the animal’s control, care and maintenance. You can obtain further information by visiting San Juan College Accessibility Services.

Emotional Support Animals

SJC is committed to allowing Emotional Support Animals (ESAs), necessary to provide students with mental health disabilities an equal opportunity to use and enjoy on-campus student housing. You can obtain further information by visiting San Juan College Accessibility Services.

San Juan College’s mission is to educate and empower individuals to thrive in an ever-changing world. San Juan College, as an institution of higher education, supports free speech.

Diverse points of view, expressed though civil discourse and debate, form a cornerstone for active learning on a college campus and in our society. San Juan College is a learning community and uses the exchange of ideas and information to further individual knowledge and understanding.

Freedom of speech is a basic tenet for citizens in the United States. It is protected under the First Amendment to Constitution which states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or of bridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” The State of New Mexico has codified parameters for speech and assembly relating to state educational institutions in State Statute 30- 20-13.(D) which states: “No person shall willfully interfere with the education process of any public or private school by committing, threatening to commit or inciting others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or function of a public or private school.”

Use of any technology, including the network, provided by San Juan College constitutes agreement to abide by the College’s policies. Policy violations by employees or students may result in the revocation of computer and network privileges. In addition, such actions may result in disciplinary review, sanctions, dismissal from the College, and legal action. Violations may also constitute a criminal offense, punishable by local, state or federal law or College policy. Please see the full San Juan College Acceptable Use Policy.

For information regarding potential late start or cancellation of classes and other activities on-campus, all San Juan College students, faculty, staff and other College personnel are encouraged to monitor area television and radio stations and the College’s web site. Students may check the San Juan College Home Page.

All students, faculty and staff are encouraged to sign up for emergency notifications via standard text messaging. This allows SJC to send text message (a cost may be applied by individual cell telephone providers) and/or e-mails informing the community of vital information. To receive weather-related or emergency related updates from SJC, students are strongly encouraged to enter your cell telephone number when registering in the SJC “SunsAlert” as SMS text messages are given a priority for delivery. For more information please follow the instructions about the SJC’s SunsAlert Emergency Notifications.

Education and communication form the basis of any institution’s best approach to dealing with the complex and interrelated issues raised by an infectious disease. Thus, San Juan College has adopted the following information for students and employees.

San Juan College recognizes the need to analyze individual circumstances and respond to each person’s infectious condition on a case-by-case basis. Responding to each case individually is called for in the interest of flexibility, sensitivity, simplicity, and the balancing of legitimate interests.

Students with diagnosed infectious diseases, who do not pose a health risk to other students and employees in an academic setting, will be provided normal access to the College.

Persons diagnosed with an infectious disease should have the same rights as any other person, free of discrimination because of their infection. These students should be afforded normal classroom attendance, working conditions, and participation in co-curricular activities in an unrestrictive manner if they are physically and psychologically able to do so. There is no medical justification for restricting the access of non- contagious students.

San Juan College is committed to providing a positive and safe educational setting for students and the community alike. Many College and community functions held on campus are open to the general public and bring visitors and guests onto College property. Just like students, faculty, and staff of the College, visitors and guests are also responsible for making sure their actions are consistent with the mission of the College. As such, all visitors and guests to the College must adhere to College policy governing conduct while present on any San Juan College property. Visitors and guests are expected to obey both the criminal and civil statutes of the state of New Mexico and the federal government, as well as all the College’s policies, procedures, rules, and regulations. Visitors and guests may be penalized by the College for violating its standards of conduct even though they may also be punished by the state or federal authorities for the same act.

In conjunction with the Registrar, the SJC Department of Public Safety has been charged with registering sex offenders, pursuant to the New Mexico Sex Offender Registration and Notification Act (SORNA) which was effective on July 1, 2005. The Act requires a person who is a sex offender convicted either in-state or out-of- state and who is employed, enrolled, volunteering or carrying on a vocation at an institution of higher education to register with the registrar of that institution, the local university police or the county sheriff of the county in which the higher education institution is located and the county sheriff of the county in which the person resides.