Student Code of Conduct

Policy 3.42
 
The code of conduct as set forth below applies specifically to student and visitor behavior while at any College facility or while attending any College function. Rights are basic to the freedom to learn and must be based upon both mutual respect and responsibility.

When a student enrolls at Glen Oaks Community College, he/she agrees to abide by all College regulations. Therefore, violations of any rule of the following code of conduct will result in appropriate disciplinary action. Infractions of the code include, but are not limited to, the following:

  1. Disrupting the rights or freedom of others in any manner or by physical or verbal abuse.
  2. Failure to comply with directions of College officials who are acting in the performance of their duties.
  3. Failure to show proper identification to requesting College officials who are acting in the performance of their duties.
  4. Cheating, plagiarism or any other form of academic dishonesty.
  5. Falsifying information, e.g., forgery, alteration, or intentional misuse of College documents, records or identification or failure to provide required records.
  6. Theft of or damage to College property.
  7. Violation of College policies or regulations.
  8. Disorderly, lewd, indecent, or obscene conduct or expressions.
  9. Attendance in class or at any College functions while under the influence of alcoholic beverages or narcotics or drugs.
  10. Illegal possession, use, sale or exchange of narcotics or drugs.
  11. Unauthorized possession, use, sale or exchange of alcoholic beverages.
  12. Unwelcomed sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature that unreasonably interferes with another and creates an intimidating, hostile or offensive environment.
  13. Failure to adhere to rules and regulations governing the use of vehicles on campus.
  14. Conduct in the classroom which precludes professors/instructors from performing their functions.
  15. Unauthorized use of the name of the College or a College-related agency.
  16. Use of tobacco products in College facilities.
  17. Tampering with safety or security equipment, including but not limited to fire alarms, fire extinguishers, emergency exits, and floor locks.
  18. Unauthorized possession of firearms or other weapons on campus.
  19. Unauthorized presence on campus during non-instructional hours or failure to properly supervise his or her guests.
  20. Violation of the College’s Internet policy as set forth in the Internet Student Use Policy (Policy3.60).
  21. Any act of whatsoever nature that interferes with normal operation of the College or which adversely affects his or her suitability as a member of the College community.
  22. Possession or attempted use of any weapon of terror or mass destruction.
  23. Gambling by a student on college campus or while attending a college sponsored event.
  24. Failure to pay fines, fees or other debt to the college.
  25. Failure to return college property loaned to the student.

Students and visitors are subject to immediate removal from College property when, in the sole discretion of the President, or his/her representative, removal is necessary to protect the rights and safety of College students or employees.

Students shall have the right to be accorded due process in all disciplinary actions resulting in a change of their social and/or academic status at Glen Oaks Community College. It is with this spirit that procedures have been established. For a complete outline of the Due Process Procedure students are advised to contact the Dean responsible for the area of code of conduct violation. Responsibility for the disciplinary procedure shall rest with the Dean of the area affected. Students may be suspended from College classes and/or activities pending due process procedures by the President or his/her representative when, in his or her sole discretion, such action is necessary to protect the rights and safety of College students or employees.

Visitors are subject to criminal charges or civil liability for improper conduct on College property.

Readers of this policy are also referred to a related Policy, 3.51, Student Policies General.
 

Adopted by Board of Trustees March 10, 1993, revised 6/9/99, 10/9/02, 9/14/05, reviewed 9/17/14.
 
 

PREAMBLE
Glen Oaks Community College exists so that the people it serves have learning and enrichment opportunities to improve their quality of life and their standard of living. GOCC supports a positive educational environment that will benefit student success. In order to ensure this vision, the College has established guidelines for the redress of grievances by individuals accused in such proceedings. In addition, the College has established a Student Code of Conduct and Student General Rules and Guidelines to ensure the protection of student rights and the health and safety of the College community, as well as to support the efficient operation of College programs.

In cases of noncompliance with the Student Code of Conduct Student and the General Rules and Guidelines, the College will impose discipline that is consistent with the impact of the offense on the College community (See Article IV (B) below). The college reserves the right to pursue criminal and/or civil action where warranted. The Student General Rules and Guidelines and Student Code of Conduct shall apply from the time of admission to the college and continue as long as the student remains enrolled at the college. They shall also be applicable to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.

If an individual has violated the Student Code of Conduct or the General Rules and Guidelines on college property while not enrolled as a student at the college, but then later seeks to enroll, he or she must first contact the Assistant Dean of Students (or his or her designee). The same Due Process procedures listed in Article IV below will be followed to determine an admission decision.
 

ARTICLE I: DEFINITIONS

  1. The term “College” means Glen Oaks Community College.
  2. The term “Student Code” refers to the College’s Student Code of Conduct.
  3. The term “General Rules” refers to the Student General Rules and Guidelines.
  4. The term “student” includes all persons currently enrolled at the College, either full-time or part-time. This code applies to all current students of GOCC regardless of their geographical location.
  5. The term “faculty member” means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty union.
  6. The term “College official” includes any person employed by the College, performing assigned administrative or professional responsibilities.
  7. The term “member of the College community” includes any person who is a student, faculty member, College official or staff member employed by the College, or any authorized non-employed personnel (such as interns). A person’s status in a particular situation shall be determined by the Assistant Dean of Students (or his or her designee).
  8. The term “College premises” includes all land, buildings, facilities, and other property in the possession of, owned, used, or controlled by the College (including adjacent streets and sidewalks).
  9. The term “harassment” means deliberate and/or persistent communication that disturbs the recipient. The communication does not have to be threatening.
  10. The term “Judicial Board” means a group of persons authorized by the Assistant Dean of Students (or his or her designee) to consider whether a student has violated the Student Code or to review the sanction(s) imposed by the Assistant Dean of Students (or his or her designee) if requested by the accused.
  11. The term “policy” means the written regulations of the College as found in, but not limited to, the Course Catalog, Course Schedule, the College web site and/or other written regulations and procedures available within a department or division.
  12. The term “cheating” includes, but is not limited to attempted or actual:

    1. use of any unauthorized assistance in taking quizzes, tests, or examinations;
    2. use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments;
    3. the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff;
    4. engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion for the purposes of academic credit;
    5. allowing or participating in cheating by other students or
    6. other acts of dishonesty within the College but outside of the classroom.

  13. The term “plagiarism” includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
  14. The term “academic negligence” means unknowingly or unintentionally claiming credit for the work or effort of another person.
  15. The term “complainant” means any person who submits a report alleging that a student violated this Student Code or the General Rules. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code as are provided to the complainant, even if another member of the College community submitted the charge itself. Requests to receive information regarding the accused student must be in writing and submitted to the Student Services Divisional office.
  16. The term “accused student” means any student accused of violating this Student Code or General Rules, or any other rule or policy of the College.

 

ARTICLE II: STUDENT CODE AUTHORITY

  1. The Assistant Dean of Students (or his or her designee) shall determine whether or not the Judicial Board shall be authorized to hear each matter.
  2. The Assistant Dean of Students (or his or her designee) shall develop policies for the administration of the Code of Conduct process and procedural rules for the conduct of Judicial Board hearings that are not inconsistent with provisions of the Student Code and the General Rules.
  3. Decisions made by the Judicial Board and/or the Assistant Dean of Students (or his or her designee) shall be final, pending the normal appeal process.

 

ARTICLE III: PROSCRIBED CONDUCT

  1. Jurisdiction of the College Student Code of Conduct

    The College Student Code shall apply to conduct that occurs on College premises, at College sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Assistant Dean of Students (or his or her designee) shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion.
  2. Conduct—Rules and Regulations

    Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV:

    1. Acts of dishonesty, including but not limited to the following:

      1. Cheating (as defined in Article I (L)), plagiarism (as defined in Article I(M)), academic negligence (as defined in Article I(N)) and any other forms of academic dishonesty.
      2. Misrepresentation of facts or furnishing false information to any College official, faculty member, staff or office.
      3. Forgery, alteration, or misuse of any College document, record, or instrument of identification.
      4. Perceived, attempted or actual Financial Aid fraud or corresponding behaviors that would allow a student to receive a monetary benefit for which they are not eligible.
    2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.
    3. Physical abuse or assaults, verbal abuse, threats or threatening behavior, intimidation, harassment, coercion, bullying, and/or other conduct which threatens or endangers the health or safety of any person (including, but not limited to, messages sent via text messages, emails, or any electronic format including phone, etc).

      This provision also includes, but is not limited to: unlawful discrimination or related harassment on the basis of race, color, sex, age, religion, national origin, creed, ancestry, familial status, disability, marital status, height, weight, sexual orientation, or veteran’s status.
    4. Sexual misconduct/sexual harassment which includes, but is not limited to:

      1. Any sexual act (including, but not limited to: rape, sexual assault, sexual battery and sexual coercion) that occurs without the consent of the other person or occurs when the other person is unable to give consent.
      2. Conduct of a sexual nature (including, but not limited to: intentional touching of a sexual nature, repeated/unwelcomed advances, comments of a sexual nature) that creates an intimidating, hostile or offensive campus, educational or working environment for another person.
      3. Obscene or indecent behavior which includes, but is not limited to: indecent exposure and the display of sexual behavior that would reasonably be offensive to others or entering bathrooms against gender designation.
      4. Retaliation against anyone who files a complaint or participates in an investigation relating to this provision.

        * Title IX prohibits retaliation against any individual who files a complaint under Title IX or participates in a complaint investigation.
    5. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus.
    6. Hazing which is defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes 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. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are still violations of this rule.
    7. Failure to comply with the directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
    8. Unauthorized possession, duplication or the use of keys to any College premises or unauthorized entry to or use of College premises.
    9. Violation of any College policy, rule, or regulation published in hard copy, included in a course syllabus or available electronically on the College website.
    10. Violation of any federal, state or local law.
    11. Use, possession, manufacturing, distribution, or being under the influence of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by federal law. Possession of drug paraphernalia is also prohibited on campus.
    12. Use, possession, manufacturing, distribution, or being under the influence of alcoholic beverages (except as expressly permitted by College regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
    13. Possession of firearms (even if legally possessed), tasers, stun guns, explosives, weapons, or dangerous chemicals on College premises, or use of any such item in a manner that harms, threatens or causes fear to others. The definition of a weapon includes but is not limited to a pistol or other firearm or dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument.

      College Property covered by this policy includes, without limitation, all College owned or leased buildings and surrounding areas such as sidewalks, driveways and parking lots under the College’s ownership or control. College vehicles are covered by this policy at all times regardless of whether they are on College property.
    14. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
    15. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.
    16. Conduct that is disorderly; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly Conduct includes but is not limited to: the use of any device to capture audio, video or digital record or photograph of any person while on College premises or College events where there is a reasonable expectation of privacy (i.e. restrooms, locker rooms, etc.).
    17. Theft or other abuse of computer facilities and resources, including but not limited to:

      1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
      2. Unauthorized transfer of a file.
      3. Use of another individual’s identification and/or password.
      4. Use of computing facilities and resources to interfere with the work of another student, faculty member or College Official.
      5. Use of computing facilities and resources to send obscene or abusive messages.
      6. Use of computing facilities and resources to interfere with normal operation of the College computing system.
      7. Use of computing facilities and resources in violation of copyright laws.
      8. Any violation of the GOCC Acceptable Use Policy.
    18. Abuse of the Student Code process, including but not limited to:

      1. Falsification, distortion, or misrepresentation of information before the Judicial Board.
      2. Disruption or interference with the orderly conduct of a Judicial Board proceeding.
      3. Attempting to discourage an individual’s proper participation in, or use of, the Student Code process.
      4. Attempting to influence the impartiality of a member of a Judicial Board member prior to, and/or during the course of, the Judicial Board Hearing.
      5. Harassment (verbal or physical) and/or intimidation of a member of a Judicial Board prior to, during, and/or after a Judicial Board Hearing.
      6. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
      7. Influencing or attempting to influence another person to commit an abuse of the Student Code process.
    19. Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community.

  3. Violation of Law and College Discipline

    1. College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Assistant Dean of Students (or his or her designee). Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of the College’s Code were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
    2. When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code, the College may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

 

ARTICLE IV: STUDENT CONDUCT PROCESS (DUE PROCESS)

  1. Charges and Judicial Board Hearings

    1. Any member of the College community may file a report against a student for alleged violations of the Student Code or General Rules. An allegation of a Student Code or General Rules violation must be directed to the Assistant Dean of Students (or his or her designee). Any report of a violation of the Student Code or General Rules should be submitted as soon as possible after the event takes place, preferably within a week.
    2. The Assistant Dean of Students (or his or her designee) will conduct an impartial and reliable preliminary investigation of all allegations to determine if the allegations have merit and/or if they can be disposed of administratively. Such disposition shall be final and there shall be no subsequent proceedings.
    3. If it is determined that the allegation has merit, the accused student will receive written notification that an alleged violation has occurred. In the notification, the student will be directed to make an appointment with the Assistant Dean of Students (or his/her designee) to review the facts concerning the alleged violation in order to determine if formal charges should be prepared.
    4. During this meeting, the accused student meets one on one with the Assistant Dean of Students (or his or her designee). Representatives or parents will only be allowed in this meeting at the discretion of the Assistant Dean of Students (or his or her designee) when appropriate. In addition, a FERPA (Family Educational Rights and Privacy Act) release must be signed.
    5. If the accused student is unable to, or does not wish to meet with the Assistant Dean of Students (or his or her designee) in person, the student may submit a notarized statement in writing responding to the allegation, within the notification period.

      Other arrangements may be made to facilitate the meeting such as video or teleconference when a face to face meeting may be difficult for the student and at the sole discretion of the Assistant Dean of Students (or his or her designee). In situations where a meeting other than a face to face meeting will be held, the student must provide a copy of their identification to the divisional office before the meeting occurs. However, a face to face meeting is the preferred option.
    6. After reviewing the facts with the accused student, or after reviewing the accused student’s statement, a decision will be made whether to prepare formal charges, and the accused student will be promptly informed.
    7. In the event that the student fails to contact the Assistant Dean of Students (or his/her designee) within five (5) working days of the date listed on the written notification (excluding Saturday and Sunday), a hold may be placed on the student’s record which may result in the student’s enrollment being delayed. The Assistant Dean of Students (or his/her designee) will then review the facts available without the student and make a decision whether to prepare formal charges.
    8. If a decision is made to prepare formal charges, the accused student shall be notified by the Assistant Dean of Students (or his/her designee) that he or she is being accused of violating the Student Code or General Rules and that he or she may elect to do one of the following:

      1. The accused student may admit the alleged violation and request, in writing, that the Assistant Dean of Students (or his or her designee) take whatever action seems necessary; or
      2. The accused student may admit the alleged violation and request a hearing before the Judicial Board regarding the sanction; or
      3. The accused student may deny the alleged violation, in which case the Assistant Dean of Students (or his or her designee) shall refer him or her to the Judicial Board.
    9. In the event that the accused student does not make an election of one of the three options available within ten (10) working days from the date of the letter, the Assistant Dean of Students (or his or her designee) will take whatever actions seem necessary, including the imposition of appropriate sanctions.
    10. If the accused student elects to admit the alleged violation and request a hearing before the Judicial Board to determine the sanction or if the student denies the allegation, a Judicial Board hearing will be scheduled as soon as practicable.
    11. If the complainant requests an alternate form of resolution, and the accused student agrees, then the parties will engage in informal mediation. If the informal mediation results in mutual satisfaction of both parties, then the case will be considered adjudicated. If the case is not adjudicated, then it may be forwarded to the Judicial Board for a hearing.

      Alternate resolution is not available for cases involving discrimination and/or sexual misconduct/sexual harassment [Article III(B)(3) and III(B)(4) (a-d)] unless the Complainant or victim requests it.
    12. Prior to a Judicial Board hearing, the accused student shall be entitled to the following:

      1. A written statement of a decision rendered and/or charges so that the accused student may prepare his or her defense;
      2. Written notification of how the alleged violation came to the College’s attention.
      3. The student shall be entitled to an expeditious hearing of his or her case.
    13. Members of the Judicial Board shall be appointed by the Assistant Dean of Students (or his or her designee) and shall be comprised of the following:

      1. The Assistant Dean of Students (or his or her designee) will serve as the Chairperson. However, when the Judicial Board is hearing an appeal based on a disciplinary decision of the Assistant Dean of Students (or his or her designee), the Assistant Dean of Students (or his or her designee) will relinquish the Chair and a temporary Chairperson will be appointed. The Chair conducts the hearing but does not participate in the deliberation.
      2. One College administrator; and
      3. Two current students from the student body; and
      4. Two faculty members
    14. Judicial Board hearings shall be conducted by the Judicial Board according to the following guidelines except as provided by article IV(A)(7) below:

      1. The Judicial Board hearing will be scheduled at the convenience of the sitting Board members, however, all efforts will be made to schedule the hearing within 3 weeks.
      2. All Judicial Board hearings shall be conducted in private. In cases involving sexual misconduct/sexual harassment [Article III(B)(4)(a-d)], GOCC will keep the complaint and investigation confidential to the extent possible or as required by law.
      3. The complainant and the accused student have the right to be assisted by one advisor or parent they choose, and at their own expense (if applicable). The advisor may not be an attorney, unless the case involves a concurrent criminal matter and with the Chair’s approval. The complainant and/or the accused student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Judicial Board hearing. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Judicial Board hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
      4. The complainant, accused student and their advisors, if any, shall be allowed to attend the entire portion of the Hearing Phase (excluding deliberations). Admission of any other person to the Judicial Board hearing shall be at the sole discretion the Chair, (or his or her designee.)
      5. In Judicial Board hearings involving more than one accused student, the Chair (or his or her designee), in his or her sole discretion, may permit the Judicial Board hearings concerning each student to be conducted either separately or jointly.
      6. The complainant, the accused student and the Judicial Board may arrange for witnesses to present pertinent information to the Judicial Board. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the complainant and/or accused student at least two weekdays prior to the Judicial Board hearing. Witnesses will provide information to and answer questions from the Judicial Board. The tone of the hearing should be educational and not adversarial. Questions of whether potential information will be received shall be resolved in the sole discretion of the Chairperson of the Judicial Board.
      7. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Judicial Board at the sole discretion of the Chairperson.
      8. All procedural questions are subject to the final decision of the Chairperson of the Judicial Board.
      9. Requests for a continuance shall be at the discretion of the Chairperson of the Judicial Board.
      10. After the portion of the Judicial Board hearing concludes in which all pertinent information has been received, the Judicial Board shall determine (by majority vote) whether the accused student has violated each section of the Student Code which the student is charged with violating. However, the Board may also suggest a different charge to the Chairperson if they believe the facts support charge(s) different than the charge(s) the student was originally charged with. The Judicial Board will also recommend an appropriate sanction to the Chairperson.
      11. The Judicial Board’s determination shall be made on the basis of whether “more likely than not” the accused student violated the Student Code or General Rules.
      12. Formal rules of process, procedure, and/or technical rules of evidence, such as those that are applied in criminal or civil court, are not used and do not apply in Student Code of Conduct proceedings/hearings.
      13. If a disruption occurs during the hearing, the Chairperson, in his or her sole discretion may have the disruptive party removed from the hearing.
    15. There shall be a single verbatim record, such as a digital recording, of all Judicial Board hearings before a Judicial Board. Deliberations shall not be recorded. The record shall be the property of the College. This recording will be maintained only until the appeal process has concluded (if applicable) or until the time of appeal has lapsed. For the purposes of FERPA the recording is considered an educational record and cannot be released unless a release is signed by all students with identifiable information contained in the recording. The recording may be requested under FOIA (Freedom of Information Act) if the hearing only involved one student without any witnesses, and the student is the individual requesting the recording.
    16. If an accused student, with notice, elects not to appear before a Judicial Board hearing, the student shall be considered to have waived the right to appeal, and the decision at the prior level stands. If the Judicial Board is the initial decision maker, the information in support of the charges shall be presented and considered by the Judicial Board even if the accused student or the complainant is not present.
    17. The Chairperson may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Assistant Dean of Students or his or her designee) to be appropriate.
    18. Once the Judicial Board has made a decision as to whether more likely than not the accused student violated the Student Code of Conduct, the Judicial Board will make recommendations to the Chairperson regarding an appropriate sanction. If an accused student has requested that the Judicial Board decide his or her sanction (under Article IV(A)(5)(b)), then the Judicial Board shall make the final determination regarding sanction.
    19. After receiving the recommendations of the Board, the Chairperson will decide the most appropriate sanction proportionate to the violation.
    20. Due Process procedures apply to complaints of unlawful discrimination or related harassment on the basis of race, color, age, religion, national origin, creed, ancestry, familial status, disability, marital status, height, weight, sexual orientation, veteran’s status, or sexual discrimination including sexual misconduct and sexual harassment raised by employees, students, or third parties against any currently enrolled GOCC students in accordance with Title IX.

      In addition, GOCC will take steps to prevent the recurrence of any discrimination by the accused student through appropriate sanctions listed under Article IV(B)(1)(a-k) as well as remedy the discriminatory effects on the complainants or victims through appropriate administrative action.
    21. All complainants will receive information regarding the notification of alleged violations to the accused students, as well as, the outcome and final decision of the case. Sexual discrimination (offenses listed under Article III(B)(4)(a-d)) victims will receive a copy of the actual notification and sanction letter sent to the accused student.
  2. Sanctions

    1. In cases of noncompliance with the Student General Rules or a violation of the Student Code of Conduct, the College will impose discipline that is consistent with the impact of the offense on the College community. Progressive discipline principles will be followed in that the student’s prior discipline history at the College will be taken into account. Disciplinary action taken against a student may include, but is not limited to, one or more of the following:

      1. Verbal Warning– Student is given a verbal warning and a notation is made in the student’s disciplinary file.
      2. Written Warning— A notice in writing to the student that the student is violating or has violated institutional regulations and a copy of the warning letter is placed in the student’s disciplinary file.
      3. Probation— A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
      4. Loss of Privileges— Denial of specified privileges for a designated period of time.
      5. Restitution— Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
      6. Discretionary Sanctions— Work assignments, essays, service to the College, Community Service or other related discretionary assignments.
      7. College no contact orders– between the accused student and the complainant (when appropriate).
      8. College Suspension— Separation of the student from the College for a definite period of time(usually a year or less) after which the student is eligible to return. Conditions for readmission may be specified.
      9. College Dismissal— separation of the student from the College for a year or more. The student may be eligible for return. Conditions for readmission may be specified.
      10. College Expulsion— separation of the student from the College permanently.
      11. Revocation of Admission and/or Degree— Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
    2. Withholding Degree or Certificate — The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.
    3. More than one of the sanctions listed above may be imposed for any single violation.
    4. The following sanctions may be imposed upon groups or organizations:

      1. Those sanctions listed above in article IV(B)(1) (a-k).
      2. Loss of selected rights and privileges for a specified period of time.
      3. Deactivation. (Loss of all privileges may be issued, including College recognition, for a specified period of time.)
    5. Once the Judicial Board has determined that a student and/or group or organization has violated the Student Code or General Rules, the sanction(s) shall be recommended by the Judicial Board to the Chair. The Chairperson shall make a final determination of the sanction to be imposed, taking into consideration the Judicial Board’s recommendations.
    6. Following the Judicial Board hearing, the Judicial Board and the Chairperson shall advise the accused student, group and/or organization in writing of the decision and of the sanction(s) imposed, if any.
  3. Interim Suspension

    In certain circumstances, the Assistant Dean of Students (or his or her designee), may impose a College suspension prior to a Judicial Board hearing.

    1. Interim suspension may be imposed only in the following circumstances:

      1. to ensure the safety and well-being of members of the College community or preservation of College property; or
      2. to ensure the student’s own physical or emotional safety and well-being; or
      3. if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
    2. Interim suspension will take effect immediately upon the direction of the Assistant Dean of Students (or his or her designee) and last for no more than 10 days. The 10-day period may be extended for good cause by the Assistant Dean of Students (or his or her designee) or by agreement with the student.
    3. During the interim suspension, a student shall be denied access to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Assistant Dean of Students (or his or her designee) may determine to be appropriate.
    4. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and including the completion of the Judicial Board hearing, if required.

  4. Appeals

    1. A decision reached by the Assistant Dean of Students (or his or her designee) may be appealed by either the accused student(s) or the complainant to the Judicial Board within ten (10) working days, excluding Saturday and Sunday, of the decision. Such appeals shall be in writing and shall be delivered to the Student Services Divisional Office in GB 135.
    2. A decision reached by the Judicial Board may be appealed either by the accused student(s) or the complainant to the Dean of Academics and Extended Learning, or his or her designee) within ten (10) working days of the decision. Such appeals shall be in writing and shall be delivered to the Assistant Dean of Students (or his or her designee) in GB 135.
    3. An appeal shall be limited to a review of the verbatim record of the Judicial Board hearing and supporting documents for one (or more) of the following reasons only:

      1. A material deviation from written procedures that jeopardized the fairness of the process
      2. New information, that was unavailable at the time of the hearing, would have resulted in a different outcome
      3. A demonstrable bias by a member(s) of the hearing board
      4. A sanction that is (substantially) disproportionate to the severity of the violation
    4. If an appeal is approved by the Dean of Academics and Extended Learning (or his or her designee), the matter shall be returned to a new Judicial Board and Chairperson for a rehearing, which will take into consideration the suggestions made by the Dean of Academics and Extended Learning (or his or her designee) in addition to the facts that were originally presented.

      The decision of the new Judicial Board, after it has rendered its decision, shall be final and binding upon all involved.
    5. If an appeal is not approved by the Dean of Academics and Extended Learning (or his or her designee), the matter shall be considered final and binding upon all involved.

 

ARTICLE V: INTERPRETATION AND REVISION

  1. Any question of interpretation or application of the Student Code or General Rules shall be referred to the Assistant Dean of Students (or his or her designee) for final determination.
  2. The Student Code shall be reviewed every year under the direction of the Assistant Dean of Students (or his or her designee).

 

MHS by BVB 4/12/13