Code of Conduct Policy 3.42

CODE OF CONDUCT

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:

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.

Students may be suspended from College classes and/or activities pending due process procedures by the President or representative when, in the President’s or representative’s 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.

DUE PROCESS
PREAMBLEARTICLE I: DEFINITIONSARTICLE II: STUDENT CODE AUTHORITYARTICLE III: PROSCRIBED CONDUCTARTICLE IV: STUDENT CONDUCT PROCESS (DUE PROCESS)ARTICLE V: INTERPRETATION AND REVISION

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 Dean of Students (or a designee). The same Due Process procedures listed in Article IV below will be followed to determine an admission decision.

  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 the College, or any authorized non-employed personnel (such as interns). A person’s status in a particular situation shall be determined by the Dean of Students (or a 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 Dean of Students (or asignee) to consider whether a student has violated the Student Code or to review the sanction(s) imposed by the Dean of Students (or a 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, Student Handbook, 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 “Reporting Party” 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 Responding Party must be in writing and submitted to the Student Services Divisional office.
  16. The term “Responding Party” means any student accused of violating this Student Code or General Rules, or any other rule or policy of the College.
  1. The Dean of Students (or a designee) shall determine whether or not the Judicial Board shall be authorized to hear each matter.
  2. The Dean of Students (or a 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 consistent with provisions of the Student Code and the General Rules.
  3. Decisions made by the Judicial Board and/or the Dean of Students (or a designee) shall be final, pending the normal appeal process.

A. Charges
  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 Dean of Students (or a 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 Dean of Students (or a 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 Responding Party will receive written notification via the student’s college-generated email that an alleged violation has occurred. In the notification, the student will be assigned an appointment date and time with the Dean of Students (or a designee) to review the facts concerning the alleged violation in order to determine if formal charges should be prepared. Students needing to reschedule the appointment date or time must contact the Dean of Students (or a designee) within five business days of the date listed on the notification letter.
  4. During this meeting, the Responding Party meets one on one with the Dean of Students (or a designee). A parent or advisor will only be allowed in this meeting at the discretion of the Dean of Students (or a designee) when appropriate. In addition, a FERPA (Family Educational Rights and Privacy Act) release must be signed.
  5. If the Responding Party is unable to, or does not wish to meet with the Dean of Students (or a 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 Dean of Students (or a 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 Responding Party, or after reviewing the Responding Party’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 appear at the student’s scheduled appointment time or fails to contact the Dean of Students (or his/her designee) within five (5) business days of the date listed on the written notification a hold may be placed on the student’s record which may result in the student’s enrollment being delayed. The Dean of Students (or his/her designee) will then review the facts available without the benefit of the student’s participation and make a decision whether to prepare formal charges.
  8. If a decision is made to prepare formal charges, the Dean of Students (or his/her designee shall notify the Responding Party) of the formal charges and imposed sanctions associated with those charges.
  9. If the Responding Student is found Responsible for a violation of the Student Code of Conduct, the assigned sanctions must be completed within the timeframe listed on the student’s formal charges letter.
  10. A Student may appeal the findings and/or sanctions of the Dean of Students (or a designee). All appeals must be in writing and submitted to the Dean of Students within five business days of the date listed on the formal charges letter. The case will then be referred to a Judicial Board for a hearing.
  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.
B. Judicial Board Hearing
  1. 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 Responding Party may prepare a 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 the case.
  2. Members of the Judicial Board shall be appointed by the Dean of Students (or a designee) and shall be comprised of the following:
    1. The Dean of Students (or a designee) will serve as the Chairperson. When the Judicial Board is hearing an appeal based on a disciplinary decision of the Dean of Students (or a designee), the Dean of Students (or a designee) will relinquish the Chair, and a temporary Chairperson will be appointed.
    2. Two GOCC employees (a combination of faculty and staff) who are trained hearing officers selected by the Dean of Students.
  3. 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.
    3. The Reporting and Responding Parties have the right to be assisted by one advisor or advocate they choose at their own expense (if applicable). The Reporting Party and/or the Responding Party is responsible for presenting the 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. The Reporting Party, Responding Party 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 a designee.)
    4. In Judicial Board hearings involving more than one Responding Party, the Chair (or a designee), in the Chair’s sole discretion, may permit the Judicial Board hearings concerning each student to be conducted either separately or jointly.
    5. The Reporting Party, the Responding Party 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 Reporting and/or Responding parties 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.
    6. 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.
    7. All procedural questions are subject to the final decision of the Chairperson of the Judicial Board.
    8. Requests for a continuance shall be at the discretion of the Chairperson of the Judicial Board.
    9. 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 Responding Party has violated each section of the Student Code in which the student is being charged. 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) for which the student was originally charged. The Judicial Board will also recommend an appropriate sanction to the Chairperson.
    10. The Judicial Board’s determination shall be made on preponderance of evidence, the basis of whether it was “more likely than not” the Responding Party violated the Student Code or General Rules.
    11. 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.
    12. If a disruption occurs during the hearing, the Chairperson, in the Chair’s role discretion, may have the disruptive party removed from the hearing.
  4. There shall be a single verbatim record, such as a digital recording, of all Judicial Board hearings. 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.
  5. If the Responding Party, 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 Responding Party or the Reporting Party is not present.
  6. The Chairperson may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Reporting Party, Responding Party, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, video, audio written statement, or other means, where and as determined in the sole judgment of the Dean of Students or a designee to be appropriate.
  7. Once the Judicial Board has made a decision as to whether more likely than not the Responding Party violated the Student Code of Conduct, the Judicial Board will make recommendations to the Chairperson regarding an appropriate sanction. If a Responding Party has requested that the Judicial Board decide sanction(s) (under Article IV(A)(5)(b)), then the Judicial Board shall make the final determination regarding sanctions.
  8. After receiving the recommendations of the Board, the Chairperson will decide the most appropriate sanction proportionate to the violation.
  9. 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 Responding Party through appropriate sanctions listed under Article IV(B)(1)(a-k) as well as remedy the discriminatory effects on the Reporting Party or victims through appropriate administrative action.
  10. The Complainant/Reporting Party will receive information regarding the notification of alleged violations to the Responding Party, as well as, the outcome and final decision of the case.
C. 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. 6. Following the Judicial Board hearing, the Judicial Board and the Chairperson shall advise the Responding Party, group and/or organization in writing of the decision/finding and of the sanction(s) imposed, if any.
D. Interim Suspension
    In certain circumstances, the 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. 2. Interim suspension will take effect immediately upon the direction of the Dean of Students (or a designee) and may last through the completion of the conduct process.
  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 Dean of Students (or a 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.
E. Appeals
  1. A decision reached by the Dean of Students (or a designee) may be appealed by either the Reporting Party or the Responding Party to the Judicial Board within five (5) business days of the decision. Such appeals shall be in writing via letter or college-generated email to the Dean of Students Office.
  2. A decision reached by the Judicial Board may be appealed either by the Reporting Party or the Responding Party to the Dean of Academics, or a designee within five (5) working days of the decision. Such appeals shall be in writing via letter or college-generated email to the Dean of Students (or a designee).
  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 a 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 (or a 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 (or a designee), the matter shall be considered final and binding upon all involved.
F. Retaliation
The College seeks to foster an environment in which all employees and students feel free to report incidents of misconduct without fear of retaliation or reprisal. Therefore, the College strictly prohibits retaliation against any individual for filing a complaint or for participating in an investigation or hearing. Retaliatory conduct is constitutes a violation of this code.

Any student who believes that they have been harassed or retaliated against in violation of this policy should immediately report such incidents to the Dean of Students.

All allegations of retaliation will be thoroughly investigated. If it is determined that retaliation has occurred, the College will take all reasonable steps within its power to stop such conduct. Individuals who engage in retaliatory conduct are subject to disciplinary action, up to and including expulsion.

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

Adopted by Board of Trustees March 10, 1993, revised 6/9/99, 10/9/02, 9/14/05, reviewed 9/17/14, revised 10/12/2017, revised 10/15/19.

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