College of Micronesia - FSM

Students are not permitted to smoke pipes, cigars, cigarettes, or any other tobacco products in COM-FSM buildings.  At some campuses smoking is only permitted in designated outside smoking areas. Students are not permitted to chew betelnut or any type of chewable tobacco, except in designated areas.

Violations:

A. First Offense.

A first offense will not be referred to the Disciplinary Committee and is handled by the VPSSA or the Campus Director.

i.          The maximum punishment that may be levied by the administration is a written reprimand to be placed into the student’s personal file, and up to two hours of supervised work detail, to be completed within one month.

B. Second Offense.

A second violation of the chewing of betel nut and/or tobacco use policy is one that occurs within the same semester of the first offense. A second violation of the chewing of betel nut and/or tobacco use policy will result in a referral to the Disciplinary Committee. Penalties will range up to the following:

         i.          A written reprimand, which will go in the student’s personal file.

ii.         Up to four hours of supervised work detail, which must be
completed within one month.

iii.        Up to two hours of drug/alcohol education/counseling, this must be completed within three months of the decision by the Disciplinary Committee.

C. Third Offense.

A third violation of the chewing of betel nut and/or tobacco use policy is one that occurs within the same school year of the previous offenses. A third violation of the chewing of betel nut and/or tobacco use policy will result in a referral to the Disciplinary Committee. Penalties will range up to the following:

         i.          A written reprimand, which will go in the student’s personal file.

ii.         Up to six hours of supervised work detail, which must be completed within one month.

iii.        Up to four hours of drug/alcohol education/counseling, this must be completed within three months of the decision by the Disciplinary Committee.

iv.        Any other restrictions reasonably necessary to enforce the goals implicit in this policy.            

D. More Than Three Offenses

In the event any student commits and is to be disciplined for more than three offenses during a school year, the Disciplinary Committee may use its discretion and impose an appropriate penalty.

E. Failure to Comply with Assigned Disciplinary Actions.

Non-compliance by the student of assigned disciplinary actions can result in the withholding of grades and/or transcripts until written notice of compliance has been filed with the Vice-President for Support and Student Affairs, who will be responsible to provide the appropriate lists to the Office of Admissions and Records. The withholding of grades can interfere with the ability of the student to obtain future financial aid for his/her schooling. Failure to complete counseling and other requirements inside the given time constraints under any discipline imposed may result in the denial of the student to register for continued classes.

Introduction:

The College of Micronesia-FSM (COM-FSM) Board of Regents adopted a policy in 1981 that was amended in 1998 prohibiting the unlawful manufacture, distribution, dispensing, possession or use of alcohol and illicit drugs on college campus. This policy remains in force and has been expanded for clarification. COM-FSM students are not permitted to be under the influence of, possess, distribute, purchase or sell alcohol or illicit drugs on the COM-FSM campuses, at COM-FSM approved or sponsored events, on COM-FSM property or in the buildings, vehicles or boats used by COM-FSM for its educational or recreational programs.

Alcohol Policy:

COM-FSM students are not permitted to possess, distribute, consume, sell, or purchase alcohol nor are they permitted to be under the influence of alcohol on COM-FSM Campuses, at COM-FSM approved or sponsored events on COM-FSM properties or in buildings, vehicles, or boats used by COM-FSM for its educational or recreation programs.

This policy will be evaluated every three (3) years.

Any violation of the alcohol policy will result in a referral to the Disciplinary Committee. Penalties for violations will range as described below:

Violations:

A. First Offense

1. A written reprimand with not less than two (2) hours and not more than six (6) hours of work detail to be completed within one month.
2. Not less than two (2) hours and not more than ten (10) hours of drug/alcohol education/counseling; this must be completed within three (3) months of the decision by the disciplinary committee.
3. Any other restrictions reasonably necessary to enforce the goals implicit in this policy.

B. Second Offense:

A second violation of the alcohol policy in one that occurs within the same semester as the first offense. Penalties will range up to the following:

1. Written notice of probation for up to one year. The restrictions for probation will be determined by the Disciplinary Committee and can involve the following restrictions:

   • The student cannot hold any student office in any association or club during the period of probation, and must resign such an office upon a finding by the Disciplinary Committee.
     
     
   • If the student boards at COM-FSM, the student must remain on campus between the hours of 6:00 PM and 6:00 am, unless exempted by a counselor or an administrator.
     
     
   • A notice of probation is placed in the student’s permanent academic record.
     
     
   • Student’s parents will be notified only when in compliance with FERPA regulations. (See Section 5 of the procedures.)
     
     
   • A notice that any further violations of College policy will result in even more harsh sanctions, including suspension.

2. Referral for not less than ten (10) hours and not more than twenty (20) hours of drug/alcohol education/counseling, which must be completed within three months of the decision by the Disciplinary Committee.

3. Any other restrictions reasonably necessary to enforce the goals implicit in this policy.

C. Third Offense:

A third violation of the alcohol policy is one that occurs within the same school year of the previous offenses. Penalties will range up to the following:

1. Disciplinary suspension for up to one (1) year. Suspension will be initiated at the discretion of the Disciplinary Committee.
   
   
2. Referral for not less than twenty (20) hours and not more than thirty (30) hours of drug/alcohol education/counseling, which must be completed prior to reinstatement after suspension, or completed within three (3) months of the decision by the Disciplinary Committee, if the penalty prescribed is less than suspension. The College is not responsible to provide the drug/alcohol education/counseling while the student is suspension. Documentation of the drug/alcohol education/counseling must be provided by the student upon reinstatement.
   
   
3. Any measure short of disciplinary suspension if, in the view of the Disciplinary Committee, such measures will reasonably enforce the goals of the alcohol policy.
   
   

D. More Than Three Offenses: In the event any student commits and is to be disciplined for more than three (3) offenses during a school year, the Disciplinary Committee will impose immediate suspension.

E. Failure to Comply with Assigned Disciplinary Actions. Non-compliance by the student of any of the above assigned disciplinary actions will result in the withholding of grades and/or transcripts until written notice of compliance has been filed with the Vice President for Student Services or the Campus Director, who will be responsible to provide the appropriate lists to the Office of Admissions and Records. The withholding of grades can interfere with the ability of the student to obtain future financial aid for his/her schooling. Failure to complete counseling and other requirements inside the given time constraints under any discipline imposed may result in the denial of the student to register for continued classes.

F. Violations of the alcohol Policy Involving Violence. If any violation of the alcohol policy involves violence, the discipline imposed and penalties prescribed will be those found under the Prohibition of Violence Policy.

G. Violations of the Alcohol Policy Involving a Minor. If any violation of the alcohol policy involves a minor, the Disciplinary Committee will also weigh this factor in considering the appropriate discipline for the offense. Referral of the matter to local law enforcement authorizes will also be made, if appropriate.

Purpose:

The purpose of this policy is to define the college’s expectations regarding the use of alcohol on campus or at COM-FSM sponsored events.

Application:

This policy applies to all students attending COM-FSM.

Responsibility:

The Vice President for Student Services or his/her designee is responsible for enforcing this policy.

The Director of Student Life at the National Campus and the Student Services Coordinators at the State Campuses will monitor reporting of violations of this policy and follow-up reporting from counseling, security, and dorm managers.

Procedures:

The Vice President for Student Services or his/her designee is responsible for enforcing this policy.

The Director of Student Life at the National Campus and the Student Services Coordinators at the State Campuses will monitor reporting of violations of this policy and follow-up reporting from counseling, security, and dorm managers.

1. Student will be reported to the Director of Student Life or Student Services Coordinator (SC) at the state campuses for confirmation of violation and referral to the disciplinary committee.
   
   
   • A Disciplinary Committee of five (5) members (1 counselor, 1 security office, and 3 others) shall be appointed by the Vice President for Student Services at the National Campus and the Director at the state campuses. Members shall serve for a period of one academic year.
     
     
2. The Chair of the Disciplinary Committee shall forward the details of the disciplinary action to the Director of Student Life or Student Services Coordinator at the State Campuses who will forward the information on community service work to the dorm manager for dorm students or security office for off-campus students at National Campus, and to the security office at the state campuses. The Director of Student Life or Student Services Coordinator shall also provide details for counseling to the counseling office at the respective campus.
   
   
3. The person supervising the community service work or counseling shall report back to the Director of Student Life or Student Services Coordinator on the student’s compliance or non-compliance with the disciplinary action.
   
   
4. In the case where disciplinary action results in suspension, the student may appeal this decision to the Student Conduct Board, specifically for clemency purposes. See Student Conduct Procedure and Due Process (pgs. 32-33 of 2007-2009 catalog).
   
   
5. While the student is going through the appeal process, he or she shall be referred by the Disciplinary Committee to Counseling Center for counseling assistance. On a case by case basis, the Disciplinary Committee shall decide on the number of counseling hours/days. Parents will be notified when:
   
   
   • Student poses a threat to safety of self or other students/faculty/staff/visitors (FERPA)
   • Student is under the legal age of drinking. Legal age is 21 years. (FERPA)
   • Student is arrested for alcohol related crime
   • Student is undergoing disciplinary actions as a result of alcohol related violations
     
     
6. While the student is going through the appeal process, any further violation of the alcohol policy will result in immediate suspension from the College.
   
   
7. The Director of Student Life at the National Campus and the Student Services Coordinator at the state campuses shall submit a monthly report on the implementation of this policy.

Students are not permitted to possess, distribute, consume, sell, or purchase illicit drugs, nor are they permitted to be under the influence of illicit drugs, on COM-FSM campuses, at COM-FSM approved or sponsored events, on COM-FSM properties or in the buildings, vehicles or boats used by COM-FSM for its educational or recreational programs. Any violation of the illicit drug policy will result in a referral to the Disciplinary Committee. Penalties will range as described below.

Violations:

A. First Offense.

i.          Disciplinary suspension for up to one year. Suspension will be initiated at the discretion of the Disciplinary Committee.

ii.         Referral for up to fifteen hours of drug/alcohol education/counseling, which must be completed prior to reinstatement after suspension, or completed within three months of the decision by the Disciplinary Committee, if the penalty prescribed, is less than suspension.

iii.        Any measures short of disciplinary suspension if, in the view of the
Disciplinary Committee, such measures will reasonably enforce the goals of the illicit drug policy, such as probation for one year.

iv.        Referral of the matter to local law enforcement authorities if appropriate.

B. Second Offense.

A second violation of the illicit drug policy is one that is within the same semester as the first offense. Penalties will range up to the following:

         i.          Disciplinary suspension for up to four years.

ii.         Prohibition on the student from even entering the College of Micronesia-FSM National Campus, state campuses, or FSM-FMI for up to four years.

iii.        Referral for up to thirty hours of drug/alcohol education/counseling, which must be completed prior to reinstatement after suspension, or completed within three months of the decision by the Disciplinary Committee, if the penalty prescribed, is less than suspension.

iv.        Any measures short of disciplinary suspension if, in the view of the
Disciplinary Committee, such measures will reasonably enforce the goals of the illicit drug policy.

v.         Reference of the matter to local law enforcement authorities if appropriate.

C. More Than Two Offenses.

In the event any student commits and is to be disciplined for more than two offenses during the school year, the Disciplinary Committee may use its discretion and impose an appropriate penalty up to suspension.

D. Failure to Comply with Assigned Disciplinary Actions.

Non-compliance by the student of assigned disciplinary actions will result in the withholding of grades and/or transcripts until written notice of compliance has been filed with the Vice-President for Support and Student Affairs or the Campus Director.  This VPSSA or the Campus Director will be responsible to provide the appropriate lists to the Office of Admissions and Records. The withholding of grades can interfere with the ability of the student to obtain future financial aid for his/her schooling. Failure to complete counseling and other requirements inside the given time constraints under any discipline imposed may result in the denial of the student to register for continued classes.

E. Violations of the Illicit Drug Policy Involving Violence.

If any violation of the illicit drug policy involves violence, the discipline imposed and penalties prescribed will be those found under the Prohibition of Violence policy.

F. Violations of the Illicit Drug Policy Involving Alcohol.

The Disciplinary Committee may consider previous violations of the alcohol policy or violation of the alcohol policy in the same incident as the violation of the illicit drug policy in determining the level of appropriate discipline to be issued.

G. Immediate Suspension Allowed.

Student may not possess a banned weapon on any COM-FSM campus, at any COM-FSM approved or sponsored event, on any COM-FSM property or in the buildings, vehicles or boats used by COM-FSM for its educational or recreational programs. Any violation of the banned weapons policy will result in a referral to the Disciplinary Committee. Penalties will range as described below.

Violations:

A. First Offense.

i.          Confiscation of the banned weapon.

ii.         Disciplinary suspension for up to two years.

iii.        Any measures short of disciplinary suspension such as probation or other discipline if, in the view of the Disciplinary Committee, such measures will reasonably enforce the goals of the policy.

iv.        Referral of the matter to local law enforcement authorities, if appropriate.

B. Multiple Offenses.

In the event that a student is to be disciplined for another offense, the
Disciplinary Committee may impose the highest discipline allowed for that offense.

C. Immediate Suspension.

A student charged with any offense under this policy may be immediately suspended from the college by the administration, pending the holding of the Disciplinary Hearing and issuance of the decision by the Disciplinary Committee.

D. Failure to Comply with Assigned Disciplinary Actions.

Non-compliance by the student of assigned disciplinary actions will result in the withholding of grades and/or transcripts until written notice of compliance has been filed with the Vice-President for Support and Student Affairs, who will be responsible to provide the appropriate lists to the Office of Admissions and Records. The withholding of grades can interfere with the ability of the student to obtain future financial aid for his/her schooling. Failure to complete counseling and other requirements inside the given time constraints under any discipline imposed may result in the denial of the student to register for continued classes.

Students may not utter a threat of violence on any COM-FSM campus, at any COM-FSM approved or sponsored event on COM-FSM property, in the buildings, vehicles or boats used by COM-FSM for its educational or recreational programs or against any member of the COM-FSM community wherever the threat of violence may take place. Any violation of the policy on threats of violence will result in a referral to the Disciplinary Committee. Penalties will range as described below.

Violations:

A. First Offense.

i.          Referral for up to thirty hours of professional education/counseling, which must be completed within three months of the decision by the Disciplinary Committee and prior to reinstatement after suspension.

ii.         Disciplinary suspension for up to one year.

iii.        Restitution, if appropriate.

iv.        Any measures short of disciplinary suspension if, in the view of the Disciplinary Committee, such measures will reasonably enforce the goals of the policy.

 v.        Referral of the matter to local law enforcement authorities, if appropriate.

B. Second Offense.

A second offense of the policy on threats of violence is an offense that occurs within the same semester as the first offense. The following semester begins on the first day of the term.  Penalties will range up to the following:

         i.          Disciplinary suspension for up to two years.

ii.         Referral for up to thirty hours of professional education/counseling, which must be completed within three months of the decision by the Disciplinary Committee and prior to reinstatement after suspension.

iii.        Prohibition on the student from even entering the College of Micronesia-FSM National Campus, state campuses or FSM-FMI for up to two years.

iv.        Restitution, if appropriate.

v.         Any measures short of disciplinary suspension if in the view of the
Disciplinary Committee, such measures will reasonably enforce the goals of the prohibition of violence policy.

vi.        Referral of the matter to local law enforcement authorities, if appropriate.

C. More than Two Offenses.

In the event any student is to be disciplined for more than two offenses during the school year, the Disciplinary Committee may impose the highest discipline allowed for that offense.

D. Immediate Suspension.

A student charged with any offense under this policy may be immediately suspended from the college by the administration, pending the holding of the Disciplinary Hearing and issuance of the decision by the Disciplinary Committee.

E. Failure to Comply with Assigned Disciplinary Actions.

Non-compliance by the student of assigned disciplinary actions will result in the withholding of grades and/or transcripts until written notice of compliance has been filed with the Vice-President for Support and Student Affairs, who will be responsible to provide the appropriate lists to the Office of Admissions and Records. The withholding of grades can interfere with the ability of the student to obtain future financial aid for his/her schooling. Failure to complete counseling and other requirements inside the given time constraints under any discipline imposed may result in the denial of the student to register for continued classes.

Student may not commit an act of violence on any COM-FSM campus, at any COM-FSM approved or sponsored event, on any COM-FSM property, or in any COM-FSM building, vehicle or boat used by COM-FSM for its educational or recreational programs, or against members of the COM-FSM community wherever the act of violence may take place. Any violation as described above will result in a referral to the Disciplinary Committee. Penalties will range as described below.

Violations:

A.        First Offense.

i. Referral for up to thirty hours of professional education/counseling, which must be completed within three months of the decision by the Disciplinary Committee and prior to reinstatement after suspension.

ii. Disciplinary suspension for up to two years.

iii. Restitution, if appropriate.

iv. Any measures short of disciplinary suspension, such as probation or other discipline if, in the view of the Disciplinary Committee, such measures will reasonably enforce the goals of the prohibition of violence of policy.

v. Referral of the matter to local law enforcement authorities, if appropriate.

B. Second Offense.

A second offense for a violation of the acts of violence policy is one that occurs within the same semester of the first offense. The following semester begins on the first day of the term. Penalties will range as described below:

i. Referral for up to thirty hours of professional education/counseling, which must be completed within three months of the decision by the Disciplinary Committee and prior to reinstatement after suspension.

ii. Disciplinary suspension for up to four years.

iii. Prohibition on the student from even entering the College of Micronesia-FSM National Campus, state campuses, or FSM-FMI for up to four years.

iv. Restitution, if appropriate.

v. Any measures short of disciplinary suspension if, in the view of the

Disciplinary Committee, such measures will reasonably enforce the goals of the Acts of Violence Policy.

vi. Referral of the matter to local law enforcement authorities, if appropriate.

C. More than Two Offenses.

In the event that a student is to be disciplined for more than two offences during the school year, the Disciplinary Committee may impose the highest discipline allowed for that offense.

D. Immediate Suspension.

A student charged with any offense under this policy may be immediately suspended from the college by the administration, pending the holding of the Disciplinary Hearing and issuance of the decision by the Disciplinary Committee.

E. Failure to Comply with Assigned Disciplinary Actions.

Students may not be an accessory in act of violence on any COM-FSM campus, at COM-FSM approved or sponsored events on COM-FSM property, or in the buildings, vehicles or boats used by COM-FSM for its educational or recreational programs, or against members of the COM-FSM community wherever the act of violence may take place. Any violation of this of policy will result in a referral to the Disciplinary Committee.

Violations:

A. First Offense.

i. Referral for up to thirty hours of professional education/counseling, which must be completed within three months of the decision by the Disciplinary Committee and prior to reinstatement after suspension.

ii. Disciplinary suspension for up to one year.

iii. Restitution, if appropriate.

iv. Any measures short of disciplinary suspension if, in the view of the
Disciplinary Committee, such measures will reasonably enforce the goals of the policy, such as probation or other discipline.

v. Referral of the matter to local law enforcement authorities, if appropriate.

B. Second Offense.

A second offense for being an accessory to an act of violence in violation of the policy will be determined to be any violation that is within the same semester as the first offense. Penalties will range up to the following:

i. Referral for up to thirty hours of professional education/counseling, which must be completed within three months of the decision by the Disciplinary Committee and prior to reinstatement after suspension.

ii. Disciplinary suspension for up to two years.

iii. Prohibition on the student from even entering the College of Micronesia-FSM National Campus, state campuses or FSM-FMI for up to two years.

iv. Restitution, if appropriate.

v. Any measures short of disciplinary suspension if, in the view of the
Disciplinary Committee, such measures will reasonably enforce the goals of the prohibition of violence policy.

vi. Referral of the matter to local law enforcement authorities, if appropriate.

C. More than Two Offenses.

In the event that any student is to be disciplined for more than two offences during the school year, the Disciplinary Committee may impose the highest discipline allowed for that offense.

D. Immediate Suspension.

A student charged with any offense under this policy may be immediately suspended from the college by the administration, pending the holding of the Disciplinary Hearing and issuance of the decision by the Disciplinary Committee.

E. Failure to Comply with Assigned Disciplinary Actions

1.0 Policy

College of Micronesia-FSM Policy prohibits sexual harassment including unwelcome behavior or remarks of a sexual nature which limit or deny a student’s right to education benefits (learn, achieve, work, study), or participation in any activity at any venue used for College sponsored/sanctioned event or an educational activity, program in a safe and supportive environment.
OR retaliation against any COM-FSM student for

• raising an allegation of sexual harassment
• filing a complaint alleging sexual harassment, or
• participating in a proceeding to determine if sexual harassment has occurred.

Such retaliation shall be considered a serious violation of this policy and shall be independent of whether a charge or informal complaint is substantiated. Encouraging others to retaliate also violates this policy. Examples of retaliation include, but are not limited to, unfair grading, unfair evaluation, public or private ridicule, or threats of any kind.
Sexual harassment is illegal under the state and local laws and will not be tolerated within any college setting.

2.0 Definitions

Sexual harassment can take many forms, but it generally falls into three categories: verbal, written/pictorial or physical. Defining characteristics of sexual harassment are that the behavior is unwanted and tends to be repetitive in nature. Under COM-FSM policy sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical contact of a sexual nature.

Examples of sexual harassment include, but are not limited to, the following:

Slurs, epithets, threats, derogatory comments and unwelcome jokes that would make a reasonable student experiencing such harassment or conduct uncomfortable in an academic environment or which would interfere with a student's academic performance.
3.0 Purpose

This policy is intended to protect students from sexual harassment and to provide guidelines to assure that the Sexual Harassment Policy is applied fairly and equitably, and in accordance with Title IV requirements.

4.0 Application

This policy applies to all college students and other students participating in or accessing college sponsored programs and activities in all aspects of their relationship with the college.

5.0 Responsibilities

The Vice President for Student Services or his designee should be responsible for enforcing this policy. The Director of Student Life at the National Campus and Student Services Coordinators at the State Campuses will work with student services staff to implement this policy at all campuses.
The Director of Student Life at the National Campus and Student Services Coordinators at the State Campuses will work with staff to inform students of this policy and monitor records and reports for compliance with the policy.

5.1 Reporting Sexual Harassment

To report incidents of sexual harassment or retaliation,students may have the option to contact the Vice President for Student Services, Director of Student Life, Security office, or a Counselor at the National Campus or the Student Services Coordinator, or a Counselor at the State Campuses or a local Law Enforcement Agency.  If a COM-FSM employee observes sexual harassment of a student, he/she should report it to the Vice President of Student Services or Campus Director.  All members of the COM-FSM community are required to cooperate in any investigation of a sexual harassment complaint. Additionally, there are alternate outlets for reporting in the event any individual is uncomfortable in reporting a complaint.  Persons who report incidents of sexual harassment shall not be harassed or retaliated against in any manner by any member of the college community.

 5.2 Specific Responsibilities of Management

Upon receipt of a complaint of sexual harassment by a student, or on behalf of a student, the relevant supervisor or contact person must immediately convey this information to Director of Student Life at National Campus or Student Services Coordinator at the State Campuses, who initiate an appropriate investigation based on the complaints made.

If the result of the investigation upholds the complaints made, then appropriate disciplinary action will be taken against the person involved, which can include but is not limited to termination of employment or expulsion from the college.  False accusations for an improper motive may also be subject to disciplinary action.

In situations where it is reasonably believed that imminent danger of serious bodily harm will occur, or that a crime has been committed, it is important to immediately notify campus security or the National or State Police.

5.3 Confidentiality

All complaints under this policy will be treated seriously and respectfully.  It is important that any complaints be truthful and not brought about by ill will or bad intentions.  The College will investigate all complaints received.  The amount of investigation will depend on the facts presented and the extent the complaints can be substantiated.  A complainant may wish to remain anonymous.  The College will respect the confidentiality to the extent that it does not impede any appropriate investigation or is not required by law to be disclosed to relevant authorities.

The Disciplinary Committee may consider the range of options for a second offense under this policy, including referral to law enforcement authorities, if appropriate.

All students have a right to a Disciplinary Hearing for violations under this policy unless the maximum penalty is a written reprimand and two hours or less of supervised work detail. For discipline greater than the above, a Disciplinary Committee Hearing will be scheduled by the VPSSA or the Campus Director.  For violation under this policy the following procedure applies:

Any member of the college community (faculty, staff and/or student) may initiate a complaint against a student under the College of Micronesia-FSM Policies on Betelnut, Tobacco, Alcohol and Illicit Drugs and the Prohibition of Violence.  All complaints will be made to the Vice President for Support and Student Affairs or the Campus Director.
A report of an alleged violation should consist of a clear, concise written statement that contains the following information:

1. A list of any and all parties against whom the complaint is being filed.
2. A description of the alleged misconduct, the date or period of time during which it occurred, and the location where the incident(s) allegedly occurred.
3. The name, address and phone number of the person making the report.
4. All complaints are considered to have been made in good faith. Any information to the contrary may be grounds for College action against the initiating party.

The Vice President for Support and Student Affairs or the Campus Director will review the complaint to determine how to handle the case. When proceeding with the disciplinary process, the accused student will be provided written notification of the allegation, information on the disciplinary process, and a deadline for responding to the notice. If the student fails to respond to the written notice then the VPSSA or the Campus Director will place a hold on the student’s account.

The VPSSA or the Campus Director will meet with the accused student to discuss the incident. At that meeting, the student will have an opportunity to present any information regarding the incident.  Failure by the student to meet the VPSSA or the Campus Director will result in a decision by the VPSSA or Campus Director without input from the student.

The VPSSA or the Campus Director will then determine if the offense warrants a Disciplinary Hearing. The decision whether to refer the matter to a Disciplinary Committee is at the sole discretion of the VPSSA or the Campus Director. This decision will be based on the information presented by the student and according to the sanctions identified in this policy. If the offense warrants a Disciplinary Hearing, the student is to be informed in writing about the process. The VPSSA or the Campus Director will also inform all parties about the process. This includes members of the Disciplinary Committee, witnesses, and those who may participate in the appeals process.

Due to the need for prompt decision-making a Disciplinary Hearing shall be scheduled within five days of the event giving rise to the discipline. The hearing may be continued by agreement of all parties. Failure by a student to attend a Disciplinary Hearing, without reasonable excuse, will result in a decision by the Disciplinary Committee without input from the student.

Each student is entitled to an individual hearing; however, for the convenience of the parties, there may be an agreement to hold a hearing involving multiple students at the same time, when it arises from the same events upon which the discipline is based.

The Disciplinary Committee will be comprised of three members of the college community.  An employee of the college will be selected by the student, an employee of the college will be selected by the VPSSA or Campus Director, and a third committee member will be chosen by the first two committee members.  In situations requiring an urgent response, the VPSSA or Campus Director may take immediate action and consult with the Committee as soon as possible.

Formal rules of evidence will not apply. Witnesses will provide testimony under oath. The student may be represented by an attorney, if he or she so chooses. The Committee has the power to compel students and staff to appear before it.

A student may appeal in writing the decision of the Disciplinary Committee to the President of the College of Micronesia-FSM, within thirty days of the decision of the Disciplinary Committee being personally served upon him or her. Personally served the decision means personal service on the student, personal service on a close relative of the student, or by leaving a copy at the residence of the student. The discipline remains in effect during the entire appeal time period unless the President specifically grants a stay of the execution of the discipline.

A student may appeal the decision of the President of the College of Micronesia-FSM, in writing, to the Board of Regents of the College of Micronesia-FSM, by delivery of a written appeal to the Office of the President of the College, within thirty days of the written decision of the President being served upon the student as outlined in section 6.0.

The Board of Regents shall review the findings of the Disciplinary Committee and the President, on the basis that discipline imposed by the Committee or the President was an abuse of discretion, or that the factual findings of the Committee or the President are unsupported by the evidence in the record. The Board of Regents, based on this review, may affirm the decision of the President, modify the discipline imposed by the President, or send the matter back to the President for further review. The Board of Regents shall make its decision within ninety days of the appeal by the student. Failure to appeal by the student within the time frames designated results in a waiver of the right to appeal the discipline imposed.

The decision of the Board of Regents is final.

Members of the college community (faculty, staff and/or students) are responsible for reporting violations of the college policies on betelnut, tobacco, alcohol and illicit drugs and the prohibition of violence to the VPSSA or the Campus Director.

The VPSSA or the Campus Director will be responsible for facilitating the process until it is finalized including notifying all parties of hearing, educating all parties about the standard of proof, documenting all proceedings and decisions, and issuing statements in writing to all parties.  This process may require the follow-up of the VPSSA and the Campus Director through the final appeal process. 

The student will be responsible for immediate follow-up to all written notices, for appointing a member of the Disciplinary Committee and for maintaining consistent contact with the VPSSA or the Campus Director.  The student is also responsible to present his/her case and to offer evidence in support of that case and to comply with the disciplinary decision.

Disciplinary Committee will be responsible for following the established time line and to being impartial and fair.