South Carolina Code of Regulations Chapter 23 - THE COLLEGE OF CHARLESTON
South Carolina Code of Regulations Chapter 23 — The College of Charleston
1. Overview and Purpose
Chapter 23 of the South Carolina Code of Regulations governs the administration, policies, and procedures of The College of Charleston, a public institution of higher education in South Carolina. Its purpose is to:
Establish operational guidelines for the college.
Define academic standards, administrative roles, and campus governance.
Regulate student conduct, faculty responsibilities, and institutional policies.
Ensure compliance with state education objectives and maintain educational quality.
2. Key Areas Covered
Academic Policies: Rules governing admissions, academic programs, grading, and graduation requirements.
Student Conduct: Codes of behavior, disciplinary procedures, and sanctions for violations.
Faculty Governance: Appointment, tenure, evaluation, and responsibilities of faculty members.
Administrative Structure: Duties of college officials, boards, and committees.
Facilities and Campus Use: Policies related to campus operations, safety, and resource use.
Equal Opportunity: Commitments to nondiscrimination and equal access.
3. Administrative Functions
The regulation empowers the College’s governing board and administration to enact rules consistent with Chapter 23.
It includes procedures for hearings, appeals, and dispute resolution involving students, faculty, and staff.
Ensures due process in disciplinary actions, with rights to notice, representation, and appeal.
4. Student Discipline and Due Process
Students accused of misconduct are entitled to:
Notice of charges specifying alleged violations.
A hearing or meeting to respond to charges.
An opportunity to present evidence and witnesses.
Appeal rights to challenge disciplinary decisions.
Sanctions may range from warnings to suspension or expulsion.
5. Faculty Rights and Responsibilities
Faculty members are governed by standards relating to teaching, research, and professional conduct.
Tenure and promotion processes include evaluations consistent with regulatory provisions.
Faculty have protections relating to academic freedom and due process in disciplinary matters.
6. Relevant Case Law Concepts
Though no specific South Carolina cases may directly interpret Chapter 23, general principles from higher education law and administrative law apply:
Case Concept 1: Due Process in Student Discipline
Principle: Students must be afforded fair procedures before being disciplined.
Example: A college cannot expel a student without notice of charges and a fair opportunity to be heard.
Illustrative Case: Courts have upheld that educational institutions must provide at least minimal due process in disciplinary proceedings.
Case Concept 2: Academic Freedom and Faculty Rights
Principle: Faculty members have a right to academic freedom, but must also adhere to institutional policies.
Example: Disciplinary actions against faculty for misconduct require adherence to procedural protections.
Illustrative Case: Courts balance faculty rights with the institution’s interest in maintaining order and standards.
Case Concept 3: Deference to Institutional Governance
Principle: Courts generally defer to the educational institution’s judgment on academic and disciplinary matters unless arbitrary or discriminatory.
Example: Institutions have broad discretion in academic standards and student conduct rules.
7. Summary Table
| Area | Explanation |
|---|---|
| Academic Policies | Admissions, grading, graduation requirements |
| Student Conduct | Codes of behavior, disciplinary process, sanctions |
| Faculty Governance | Appointment, tenure, academic freedom, disciplinary rights |
| Administrative Roles | Governing board, officials, dispute resolution |
| Due Process | Notice, hearing, evidence, appeal rights for students/faculty |
| Judicial Deference | Courts defer to institutional decisions unless abuse |
8. Conclusion
Chapter 23 of the South Carolina Code of Regulations establishes the foundational governance framework for The College of Charleston, balancing institutional autonomy with protections for students and faculty. Due process principles underpin disciplinary actions, and courts tend to respect the college’s discretion in academic and administrative matters unless clear violations occur.
RELATED Blog
0 comments