86-500-1
06-01-2006, 02-17-10, 03-25-12, 12-20-14
EXPULSION AND BARRING OF OLC STUDENTS (Policy and Procedure)
OLC Policy #86-300, as amended from time to time, delineates acts that are considered
misconduct and which may be subject to disciplinary action, including expulsion.
Among acts which may result in expulsion are actual or threatened physical violence, or
bringing a firearm of any type onto OLC property. OLC has zero tolerance for student
actions or confrontations that result - or could result - in a violent act by one student
against another student or any employee of Oglala Lakota College.
In the expulsion and barring of students from Oglala Lakota College, the Board of
Trustees acknowledges that all students are entitled to due process in the expulsion and
barring of OLC students.
A. Expulsion from Local College Centers.
1. The Local College Center Boards have the authority to bar or expel students from
their particular college center for student misconduct.
2. Prior to barring or an expulsion of a student at a local college center, the appropriate
board will grant the student a hearing on the barring or expulsion with prior notice
provided to the student with the date of the hearing and the grounds for barring or
expelling the student in the notice. The hearing shall be held within thirty (30)
working days of the Board’s decision to consider expelling or barring the student.
3. Notice shall reference the grounds for student misconduct, the facts alleged to
constitute the violation, and notice of access to all statements of person relating to the
charge and to those parts of the student’s record which will be considered in
rendering a decision on the barring or expulsion of a student.
4. Notice of hearing shall be given by the Local College Center Board in writing and
shall either be given to the student in person or sent by registered mail to the address
of the student at least seven (7) working days prior to the hearing. If notice is mailed,
it is deemed given upon the date of mailing. A signed and dated receipt shall be
requested of the student in case of personal delivery.
5. The student will be accorded a fair and impartial hearing on the barring or expulsion
of a student. The following procedure shall govern such hearings:
a. The student has the right to have present at the hearing the student’s parent(s) or
legal guardian(s) and to be represented by lay or legal counsel of the student’s
choice. Private attorney fees are to be borne by the student.
b. The student has the right to produce witnesses on the student’s behalf and to
confront and cross-examine witnesses.
c. The burden of proof will be by a preponderance of evidence. The burden of proof
rests within those who bring the charges. The final decision of the Local Board
will be by majority vote of the members present and voting. A tie vote will result
in a finding against expulsion/disbarment.
d. The Local Board shall tape record the entire hearing.
e. The Chairperson of the Local Board shall inform the student of the decision and
the appeal process within seventy-two (72) hours of completion of the hearing.
6. The student may appeal the decision of the Local College Center Board to the hearing
officer. An appeal to the hearing officer must be filed with the Coordinator of Support
Services within 7 calendar days after receipt of the decision of the Local Board. The
hearing officer shall review the record and make a decision based thereon. The
hearing officer shall render a decision on the appeal 3 calendar days after receiving
the record. The decision of the hearing officer shall be final and binding upon the
student and respective local board.
7. The student has the right to have allegations of misconduct and information
pertaining thereto expunged from the student’s school record in the event the
appropriate board finds no grounds for barring or expelling the student.
8. If at any stage no further action is required, or if the condition originating the
proposed expulsion or barment becomes non-existent, the issue shall become moot;
but, the record of proceeding occurring prior to mootness and any evidence of record
submitted prior to mootness shall be admissible if relevant to subsequent situations or
events precipitating similar actions.
9. The conduct and procedure followed by the Local College Center and the Hearing
Officer shall be initiated by the college. Sufficient records should be kept to back up
decisions and be passed on to the next level if appealed.
B. Expulsion from Rapid City and Cheyenne River College Centers.
1. For the Rapid City and Cheyenne River College Centers, the Coordinator of Student
Services has the authority to bar or expel students from these college centers for
student misconduct.
2. Prior to barring or an expulsion of a student at a local college center, the Coordinator
of Student Services will grant the student a hearing on the barring or expulsion with
prior notice provided to the student with the date of the hearing and the grounds for
barring or expelling the student in the notice. The hearing shall be held within thirty
(30) working days of the Coordinator of Student Services’ decision to consider
expelling or barring the student.
3. Notice shall reference the grounds for student misconduct, the facts alleged to
constitute the violation, and notice of access to all statements of person relating to the
charge and to those parts of the student’s record which will be considered in
rendering a decision on the barring or expulsion of a student.
4. Notice of hearing shall be given by the Coordinator of Student Services in writing and
shall either be given to the student in person or sent by registered mail to the address
of the student at least seven (7) working days prior to the hearing. If notice is mailed,
it is deemed given upon the date of mailing. A signed and dated receipt shall be
requested of the student in case of personal delivery.
5. The student will be accorded a fair and impartial hearing on the barring or expulsion
of a student. The following procedure shall govern such hearings:
f. The student has the right to have present(s) or legal guardian(s) and to be
represented by lay or legal counsel of the student’s choice. Private attorney fees
are to be borne by the student.
g. The student has the right to produce witnesses on the student’s behalf and to
confront and cross-examine witnesses.
h. The burden of proof will be by a preponderance of evidence. The burden of proof
rests within those who bring the charges. The final decision will made by the
Coordinator of Student Services.
i. The Coordinator of Student Services shall tape record the entire hearing.
j. The Coordinator of Student Services shall inform the student of the decision and
the appeal process within seventy-two (72) hours of completion of the hearing.
6. The student may appeal the decision of the Coordinator of Student Services to the
hearing officer. An appeal the hearing officer must be filed with the OLC Personnel
Director within seven (7) calendar days after receipt of the decision of the
Coordinator of Student Services. The hearing officer shall review the record and
make a decision based thereon. The hearing officer shall render a decision on the
appeal three (3) calendar days after receiving the record. The decision of the hearing
officer shall be final and binding upon the student and respective local board.
7. The student has the right to have allegations of misconduct and information
pertaining thereto expunged from the student’s school record in the event the
Coordinator of Support Services or Hearing Officer finds no grounds for barring or
expelling the student.
8. If at any stage no further action is required, or if the condition originating the
proposed expulsion or barment becomes non-existent, the issue shall become moot;
but, the record of proceeding occurring prior to mootness and any evidence of record
submitted prior to mootness shall be admissible if relevant to subsequent situations or
events precipitating similar actions.
9. The conduct and procedure followed by the Coordinator of Support Services and the
Hearing Officer shall be initiated by the college. Sufficient records should be kept to
back up decisions and be passed on to the next level if appealed.
C. Expulsion from all OLC facilities and programs by the College President.
1. In the expulsion of a student for student misconduct from all of the college centers
and OLC programs, the President solely has this authority to bar or expel a
student after a review of the record.
2. A documented case of a student involved in a violent act against another student,
or a student bringing a firearm onto OLC property, shall result in immediate
expulsion by the President from all of the college centers and OLC programs. In
the case of a student involved in a violent act against another student, if there is a
determination made that the student provoked the violent act, the student involved
in provoking the attack shall also be immediately expelled from all of the College
Centers and OLC programs.
3. Notice of the decision to expel shall be in writing and shall either be given to the
student in person or sent by registered mail to the address of the student.
4. The student may appeal the decision of the President to the hearing officer. An
appeal to the hearing officer must be filed with the Coordinator of Support
Services within 7 calendar days after receipt of the decision of the President. The
hearing officer shall review the record and make a decision based thereon. The
hearing officer shall render a decision on the appeal 3 calendar days after
receiving the record. The decision of the hearing officer shall be final and binding
upon the student and the President.
5. After being on expulsion for one semester, a student can make a written request to
be taken off expulsion with the requirement that they must agree and sign a
contract agreeing to conduct themselves properly as a condition of being
reinstated as an OLC student.
D. Temporary Suspension.
1. In an emergency situation that will protect the safety of the other students, community
members, OLC staff, and instructors, the President can temporarily suspend a student
until the hearing for barring or expelling the student is held.
During a temporary suspension, the student may be denied access to college facilities
including attendance at class or other college activities or privileges for which the
student might otherwise be eligible.
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