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Student Code of Conduct
AR-7040-C
The Executive Dean of Student Development and Services administers student discipline
through the Student Code of Conduct. The Executive Deans or designees office
will maintain all disciplinary records and a disciplinary tracking system as
defined in the Code.
It is the policy at Mt. Hood Community College (MHCC) that all persons, regardless
of race, color, religion, national origin, disability, sexual orientation,
age, sex, or any other status or characteristic protected by applicable state
or federal law have access to higher education. MHCC strives to provide an
environment that celebrates the freedom to learn. In this commitment to create
a learning environment, MHCC's goal is to treat all students with fairness
and dignity. Each member of the College community shares responsibility for
maintaining conditions, which support the College's mission. The Student
Code of Conduct is designed to provide basic behavioral guidelines to advance
the College's mission.
Students at MHCC assume a responsibility to conduct themselves in a manner
compatible with the College's function as an educational institution. Although
MHCC is dedicated to an open, free society, there are actions inappropriate
in an institution of higher learning.
The Student Code of Conduct outlines the standards of behavior expected of
every student at MHCC. The policies and procedures outlined have been designed
to further the College's educational mission and to assist students in the
pursuit of knowledge and personal development.
A person voluntarily becomes a student at MHCC and thereby assumes the obligation
of abiding by the standards prescribed in the Student Code of Conduct. The
College, generally through the office of the Executive Dean of Student Development
and Services, maintains the authority to impose sanctions for behaviors that
violate the Student Code of Conduct.
The College has an interest in behavior, subject to the Student Code of Conduct,
separate from that of the civil or criminal authorities and, therefore, has
the right and responsibility to exercise its jurisdiction and take such action
as is appropriate to protect its interest. Whenever appropriate, the College
may report a discipline matter to civil or criminal authorities.
Article I: Definitions
- The term "College" means MHCC.
- The term "Board" means the MHCC District Board of Education.
- The term "student" includes all persons taking courses at any
site of MHCC, full-time and part-time, enrolled in credit or non-credit courses.
Persons who have been admitted but are not currently enrolled for a particular
term, but who have a continuing relationship with the College, are considered "students.
- The term "faculty member" means any person employed by the College
to instruct classes, credit or non-credit, full-time or part-time, to include
counselors, librarians and the health education coordinator, at the College.
- The term "College official" includes any person employed by the
College, performing assigned administrative or professional responsibilities.
- The term "member of the College community" includes any person
who is a student, faculty member, College official or any other person employed
by the College. The Executive Dean of Student Development and Services shall
determine a person's status in a particular situation.
- The term "College premises" includes all land, buildings, facilities,
vehicles and other property in possession of, leased by or owned, used, or
controlled by the College (including adjacent streets and sidewalks).
- The term Student Organization means any number of students who have complied
with the formal requirements for College recognition.
- The term Student Conduct Administrator means the Executive Dean of Student
Development and Services or the official designee of the Executive Dean who,
on a case-by-case basis is authorized to investigate allegations of misconduct
and impose sanctions upon students found to have violated the Student Code
of Conduct.
- The term "Committee on Student Conduct" means the persons authorized
by the president of MHCC to consider an appeal of the judicial officer's
determination that a student has violated the Student Code or from the sanctions
imposed by the judicial officer.
- The term "shall" is used in the imperative sense.
- The term "may" is used in the permissive sense.
- The Executive Dean of Student Development and Services is the person designated
by the College president to be primarily responsible for the administration
of the student code. The Executive Dean may obtain the advice and/or assistance
of others in the College administration.
- The term Board policy" is defined as the written rule, approved by
the Board.
- The term "College regulation" is/are the written procedural guideline(s)
approved by the President's Cabinet.
- The term "cheating" includes, but is not limited to: (1) use
of any unauthorized assistance in taking quizzes, tests, or examinations;
(2) dependence upon the aid of sources beyond those authorized by the instructor
in writing papers, preparing reports, solving problems, or carrying out other
assignment; or (3) the acquisition, without permission, of tests or other
academic material belonging to a member of the College faculty or staff.
- 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 acknowledgement. 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.
- The term Complainant means any person who submits a charge alleging
that a student violated the Code of Conduct.
- The term Accused student means any student accused of violating the Student
Code of Conduct.
- The term remote site shall include, but not be limited to: college-sponsored
trips in the United States or abroad, study abroad while enrolled in a duly
authorized Mt. Hood study abroad program (students enrolled in other study
abroad programs will generally be held to that organizations Code of Conduct)
and specific venues related to distance education.
Article II: Authority
- The College has established these regulations regarding standards of conduct
in order to protect its educational mission, provide for the orderly conduct
of its activities and safeguard the interests of the College community.
- The Executive Dean of Student Development and Services or designee retains
the ultimate responsibility for the administration of this Code (policies,
procedures, sanctions, and processes). The Executive Dean shall develop policy,
regulation and procedural guidelines for the administration of the Student
Code of Conduct.
- Decisions made by the Executive Dean of Student Development and Services
or designee are final, pending the normal appeal process.
- The College President retains the ultimate responsibility to convene the
Committee on Student Conduct and to render any and all final findings in
cases reviewed by this body.
- Only the College President shall expel a student from the College for violations
of the Student Code of Conduct.
Article III: General Provisions
- These regulations are set forth in writing in order to give students general
notice of prohibited conduct and are not designed to define misconduct in
all-inclusive terms.
- All students, regardless of their status in the College community, will
be afforded the rights and privileges of due process when accused of violations
of this Code.
- The provisions of the Student Code of Conduct are not to be regarded as
a contract between the student and the College. The College reserves the
right to amend any provision herein at any time in accordance with established
College procedures. Communication of any changes will be made to the College
community in an appropriate and timely fashion.
- This Student Code of Conduct will apply to conduct, which occurs on College
premises and to conduct and that which occurs elsewhere during the course
of a College-sponsored activity. Actions committed at off College premises
may also be subject to the Code, provided the offense adversely affects the
College and/or the pursuit of its objectives; such off-campus premises might
include but are not limited to those identified in Article I, Section 20.
- The actions of a student organization involved in College-related activities
or College-sponsored activities that are in violation of College regulations
may result in disciplinary action against the organization, and/or its individual
members.
- Students may be accountable to both civil and criminal authorities and
to the College for acts, which constitute violations of the law and the Student
Code of Conduct. Disciplinary action at the College may be continued even
during the pendency of civil or criminal proceedings and will not be subject
to challenge on the grounds that criminal charges involving the same incident
have been dismissed or reduced.
- If a student is charged with a violation of the law by federal, state or
local authorities, the College will not request or agree to special considerations
for that student on the basis of a student status. The College will cooperate
within the limits of privacy laws with police and other judicial officials
in regard to the handling of any processes with the Student Code of Conduct
that may be enacted simultaneously with civil or criminal proceedings.
- Any behavior which may have been influenced by a student's mental state
(regardless of the ultimate evaluation) or use of drugs or alcoholic beverages
will not in any way limit the responsibility of the student for the consequences
of his or her actions.
Article IV: Guidelines for Student Conduct
The following actions and/or behaviors will constitute violations of the MHCC
Student Code of Conduct and will subject any student committing a violation
to disciplinary sanctions including separation from the College or any lesser
sanction authorized by the Code:
- Violating published Board policies, College regulations and or procedures
including, but not limited to, the policies/regulations on discrimination,
harassment, campus disruption, and drug and alcohol abuse.
- Violating federal, state, or local laws on College premises or while in
attendance at College sponsored or supervised events on or off College premises
that adversely affect the College and/or the pursuit of its objectives.
- Committing acts of physical abuse, engaging in actions which intimidate,
harass, threaten, coerce, or otherwise endanger the health or safety of any
person to include but not be limited to bicycling, skateboarding or smoking
in restricted areas of campus, bringing unleashed animals onto the campus,
or any animals except duly registered service animals into any campus buildings,
spitting or littering on the campus, driving while under the influence of
alcohol or other controlled substances, or other driving and parking violations.
- Engaging in fighting and/or conduct that is disorderly, lewd, or indecent
and breach of peace. Disorderly conduct also includes, but is not limited
to: any unauthorized use of electronic or any other devices to make an audio,
video, or other record of any person, without his/her consent or prior knowledge,
on the College premises, or displaying such items on the College property
including remote sites as indicated in Article I, Section 20. This includes,
but is not limited to, surreptiously taking pictures of another person in
a gym, locker room, or restroom.
- Aiding and abetting another person in committing an act that violates the
Student Code of Conduct.
- Engaging or participating in acts of unauthorized possession, use, removal,
defacing, tampering, damage, or destruction of College owned, rented or leased
property, equipment, programs, or materials, or of property, equipment, programs,
or materials belonging to any College community member, guest, visitor, vendor
or contractor.
- Planning, directing or committing acts of hazing, defined as an act which
willingly or recklessly 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.
- Disrupting or obstructing teaching, research, administration, disciplinary
proceedings, other college activities, including its public-service function
on or off campus, or other authorized non-college activities, when the act
occurs on college premises.
- Failing to comply with 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.
- Possessing, duplicating, or using keys or access codes to any College building,
facility or equipment without the authorization by appropriate College officials
or committing an act of unauthorized entry into or use of College buildings,
facilities or equipment.
- Posting, affixing, or otherwise attaching written or printed messages or
materials, e.g., posters, signs, handbills, brochures, online messages or
sites on College computer resources, or pamphlets, without proper approval
and/or on or in unauthorized places. Removing written or printed messages
or materials approved by the college for posting or distribution, without
specific authorization to do so.
- Committing acts of arson, creating a fire hazard, or possessing or using
without proper authorization, flammable materials or hazardous substances
on College property.
- Making false reports of fire, bomb threat, or other dangerous conditions;
failing to report a fire; or interfering with the response of College or
municipal offices to emergency calls.
- Using, possessing, or distributing any state or federally controlled substances
except as expressly permitted by law on College property or during any college-sponsored
program or activity (on or off campus).
- Using, possessing, or distributing alcoholic beverages, except as expressly
permitted by law and College regulation, or being intoxicated (from alcohol
or other drugs) on College property or during any College-sponsored program
or activity (on or off campus). Gambling on College property or engaging
in unauthorized canvassing or solicitation.
- Engaging or participating in possession or use of explosives, firearms,
dangerous weapons (or their facsimiles), or other hazardous objects or substances.
Weapons are allowed on the campus only by duly authorized officials while
in the performance of their professional duty.
- Participating in a demonstration or gathering which disrupts the normal
operation of the College and 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, intentional obstruction
which unreasonably interferes with freedom of movement, either pedestrian
or vehicular, on campus.
- Obstruction of the free flow of pedestrian or vehicular traffic on College
premises or at College-sponsored or supervised functions.
- Committing acts of dishonesty including but not limited to:
- Engaging or participating in cheating, plagiarism, or other forms of
academic dishonesty.
- Furnishing false information to any College official, faculty member
or College office.
- Forging, altering, or misusing a College document, record, or instrument
of identification.
- Tampering with the election of any College-recognized student organization.
- Attempting to represent the College, any recognized student organization,
or any official college group without the explicit prior consent of the
officials of that group.
- Engaging in acts of theft or abuse of computers or other technology, including
but not limited to:
- Unauthorized entry into a file, to use, read, or change its contents.
- Unauthorized transfer or copying of a file or files or software.
- Unauthorized use of another person's identification and password.
- Use of computing facilities to interfere with the work of another student,
faculty member or College official.
- Use of computing or other technological facilities to send obscene, defamatory
or harassing messages or use of College computing facilities for activities
not within the scope of the College's instructional objectives.
- Use of computing or other technological facilities to interfere with
the normal operation of the College computing system.
- Unauthorized installation of software on College equipment.
- Tampering with College computer hardware.
- Any attempt to gain access to computer or network, on campus or off campus,
without authorization (i.e., hacking).
- Use of computing facilities to conduct personal business activities or
illegal activities.
- Engaging or participating in abuse of the College judicial system, including
but not limited to:
- Falsifying or misrepresenting information before a College Student Conduct
Administrator or the Committee on Student Conduct.
- Disrupting or interfering with the orderly conduct of a College judicial
proceeding.
- Instituting a College conduct complaint knowingly without cause.
- Attempting to discourage an individual's proper participation, or use
of, the College judicial system.
- Attempting to influence the impartiality of a Student Conduct Administrator
or member of the Committee on Student Conduct prior to, during, and/or
after a judicial proceeding.
- Harassing (verbal or physical) and/or intimidating a Student Conduct
Administrator or member of the Committee on Student Conduct prior to, during,
and/or after a College conduct proceeding.
- Failing to comply with the sanction(s) imposed under the Student Code
of Conduct.
- Influencing or attempting to influence another person to commit an abuse
of the College Conduct system.
- Any act against the best interests of the College community.
Article V: Allegations and Hearings
- Members of the College community may file an allegation against any student
for misconduct. Charges shall be prepared in writing and directed to the
Student Conduct Administrator. Any charge should be submitted as soon as
possible after the event or behavior is discovered.
- Student Conduct Administrator will cause an investigation to determine
if the charges have merit.
- The Student Conduct Administrator may endeavor, if appropriate, to determine
if the charges can be disposed of administratively by mutual consent of the
parties involved on a basis acceptable to the Student Conduct Administrator.
- The Student Conduct Administrator shall present all charges to the accused
student in written form. The letter will request that the student schedule
a hearing time and date within a specific time frame, generally within a
two week period of the receipt of the complaint.
- The Student Conduct Administrator shall request witnesses and documentation
from all parties involved in the complaint. These documents and witnesses
will be reviewed, if at all possible, prior to the hearing. Following the
hearing, the Student Conduct Administrator may request more information from
any of the parties.
- If a student fails to appear for a hearing, the Student Conduct Administrator
has the option of sending the student a reminder of the meeting and a request
to schedule another meeting. The Student Conduct Administrator may also charge
the delinquent student with another conduct violation, namely a failure to
obey the request of a college administrator (see Article IV, Section 9).
The Student Conduct Administrator might also decide to review and decide
on the case without the students input and appearance.
- Hearings shall be conducted by the Student Conduct Administrator according
to guidelines outlined in the Student Code of Conduct. There shall be a single
verbatim record of the proceedings. The record shall be the property of the
College, but the accused student(s) or complainant(s) may purchase a copy
of the record for a nominal fee, cost and procedure to be outlined in the
sanction letter.
- The complainant and the accused have the right to be assisted by an adviser
they choose. Generally the complainant does not appear at the hearing. The
accused may request to meet with the complainant at or before the hearing
(along with his/her adviser) including the deliberation, and/or know that
person or persons identity(ies); the Student Conduct Administrator can deny
the accused the option of knowing the identity of the accused if there is
a likelihood that there could be reprisals or danger if the identity(ies)
is/are known. If the adviser is a person not employed by the College or
otherwise associated with the College, this assistance will be at the student's
own expense. (Note: This process is not legal in its nature and students
are to seek advisement outside of the legal system. Legal counsel is not
a part of the student judicial process at the College). Students have the
right to consult with the Associated Student Government President or other
officers for information or interpretation of the College's regulations and
procedures. The adviser can ask clarifying questions of any parties at the
hearing, and may consult with either the accused student or the complainant.
If the person is an attorney, that person may not act in his/her professional
capacity in that setting. Parents or guardians may be allowed to a hearing,
in the case of a student under 18, who is taking College or high school classes
on the campus, or in approved off campus settings. The parent may ask clarifying
questions and advise their child, but the accused students must speak on
his or her own behalf. In the case of students under 16, the parent may act
in a more substantive capacity; the College might also ask the home school,
if there is one, to be involved in the hearing. There are no special provisions
for legal and special education counsel if the student is under 18 and still
under Section 504 or the IDEA provisions of the disability law in the K-12
system. Special provisions do apply for students with disabilities, if a
hearing for involuntary withdrawal is called.
- The Student Conduct Administrators determination shall be made on the
basis of whether it is more likely than not that the Accused Student violated
the Conduct Code. 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 in Student Conduct proceedings.
- The Student Conduct Administrator may accommodate concerns for the particular
safety, well-being, and/or fear of confrontation on the part of any of the
participants.
- After the hearing, the Student Conduct Administrator shall determine whether
the student has violated any section of the Student Code of Conduct. The
Student Conduct Administrator may recommend disciplinary action. The student
shall be notified in writing, within fourteen (14) calendar days of the determination,
of the following:
- The findings and conclusion made as a result of the investigation.
- The discipline, if any, that is intended.
- The student may accept the disciplinary action or appeal the action to
the Committee on Student Conduct. The disciplinary action is in force until
the appeal is completed.
Article VI: Appeals
- A student found in violation of the Student Code of Conduct may appeal
the findings or sanctions to the Committee on Student Conduct.
- The student may request an appeal, in writing, before the Committee on
Student Conduct by filing, within ten (10) calendar days of receipt of notice
of guilt and sanctions from a hearing (as verified by a U.S. Postal Service
return receipt) by requesting a written request for appeal at the Office
of the Executive Dean of Student Development and Services. The appeal should
be delivered within the ten (10) day time frame as indicated above, to the
Office of the President. The disciplinary action is in force until the appeal
is completed. If the request is not filed within the prescribed time, it
shall be deemed that the student accepts the findings and disciplinary action.
- The following will be considered grounds for appeal:
- A procedural error or irregularity which materially affected the decision.
- New evidence of substantive nature not previously available at the time
of the hearing that would have materially affected the decision.
- Bias on the part of the Student Conduct Administrator, which materially
affected the hearing.
- The sanction imposed is not commensurate with the findings of fact established
during the hearing process.
- The written appeal will include:
- A response to the findings and conclusions of the Student Conduct Administrator.
- A response to the sanctions imposed by the Student Conduct Administrator.
- A detailed rationale as to why one or more of the four grounds for an
appeal (cited earlier in this section of the code) are applicable in this
case.
- Any evidence and/or information to support the points listed immediately
above.
- A written appeal must make a compelling case in and of itself to support
the student's appeal to have his/her disciplinary decision reviewed and
modified. A hearing is not guaranteed. The Committee will review the written
appeal and determine if a decision and recommendation can be made to the
President without conducting a hearing. Should the committee not be able
to make a decision from the written material submitted with the appeal
and wish to give the appeal further consideration, the Chair of the committee
may arrange for a hearing where the student will meet with the committee.
- After receiving an appeal, the College President will convene the Committee
on Student Conduct.
- The student will be notified of the College President's findings no later
than fourteen (14) working days following the President's receipt of the
Committee on Student Conduct's recommendation. The President's recommendation
is final.
Article VII: Committee on Student Conduct
- The Committee on Student Conduct shall be established to review a student's
appeal filed by a student regarding disciplinary actions recommended by the
Executive Dean of Student Development and Services.
- The committee shall be appointed annually each September. Vacancies that
occur during the year shall be filled as they arise.
- The membership will include:
- Three students designated by the President of the Associated Student
Government.
- Three administrators of the College designated by the President, none
of who can be the Executive Dean of Student Development and Services, or
the designated conduct officer.
- Three persons representing the faculty designated by the Faculty Association
president. Administrators and faculty members shall be appointed for overlapping
two-year terms so that there will be continuity on the committee.
- A quorum shall consist of five members with at least one member representing
each group.
- All committee members shall have voting rights.
- The committee shall select a Chairperson. The committee may make additional
rules for conducting hearings as deemed necessary.
- The Student Conduct Administrator will conduct a training session for the
Committee on Student Conduct in the fall of each year, and as needed for
new appointees during the academic year.
- The charge of the committee is to review all appeals received by the College
President as defined in Article VI of the Student Code of Conduct.
- Accept the appeal and recommend to the President a modification of the
student's student conduct status and sanctions as imposed by the original
student conduct proceedings which are being appealed.
- Reject the appeal and recommend to the president that the student's conduct
and sanctions imposed by the original student conduct proceedings remain
in force.
- Schedule a hearing to review the appeal in more detail prior to making
a decision on the appeal. Upon completion of a hearing the committee will
make a recommendation to the President:
- Accept the appeal and modify the
student's conduct status and sanctions
- Reject the appeal and continue the student's conduct status and
sanctions as imposed by the original hearing
- Any hearing before the Committee on Student Conduct shall be private.
- If any facts are in dispute, testimony and witnesses shall be received
concerning the same.
- The President shall designate a recorder to collect all exhibits entered
into evidence.
- The hearing shall proceed as follows:
- Presentation by the student of information supporting of the appeal.
- College response.
- Closing arguments by the college and the student.
- The student, the Executive Dean of Student Development and Services and
the Committee on Student Conduct shall have the right to question anyone
presenting information before the Committee.
- A record of the proceedings shall be kept; the record is the property of
the College. However, the student can purchase a copy at a minimal cost,
the process which will be listed in the appeal decision letter.
- When it is impossible or not appropriate for either party to secure the
attendance of a witness, any statement which is to be introduced at the hearing
shall be reduced to writing, signed by the witness, and disclosed to the
other party sufficiently in advance to permit such party to question the
witness prior to the hearing. If the other party fails to question the witness
within a reasonable time, or if the witness is questioned and a reply reduced
to writing and signed by the witness, the original statement together with
the reply, if any shall be admissible to the hearing.
- After hearing the evidence, the Committee on Student Conduct will retire
to executive session for deliberation. When a recommendation has been reached,
the committee shall announce its recommendations in writing, giving its findings
of fact, conclusions, and recommendation. These will be forwarded to the
College President.
- A record of the hearing, findings, and recommendation of the Committee
on Student Conduct shall be reviewed by the College President. (If the President
concludes additional evidence should be taken, the matter may be remanded
to the Committee on Student Conduct for further proceedings.) If the President
is satisfied that the record is completed, he/she may confirm, reverse, or
modify the recommendation of the Committee on Student Conduct. The President
will render his/her final decision within fourteen (14) days of receiving
the Committee's final (and possibly initial) recommendation. The student
shall receive a letter, with delivery confirmation which shall include the
appropriate charge, decision and appeal, and reason for appeal committee
decision, and notice that there is not further appeal.
Article VIII: Disciplinary Sanctions
In recommending or determining a sanction, the judicial officer will consider
all relevant factors including the nature of the offense, the severity of
any damage, injury or harm resulting from the offense, and the student's
past disciplinary record, if any.
The following are sanctions, which may be imposed for a violation of this Code:
- Warning: A notice in writing to the student that the student is violating,
or has violated, Board policy or College regulation or the Student Code of
Conduct.
- Disciplinary Probation: A written reprimand for violation of specific regulations
or the Code. Restriction of College related activities of individual students
or groups of students. Probation is for a designated period of time (no longer
than one calendar year) and includes the probability of more severe disciplinary
sanctions if the student is found to be violating any Board policy, College
regulation, or the Code during the probationary period. Disciplinary probation
may include referral for intervention, screening, and/or treatment. Disciplinary
probation may also include defining specific behaviors the student must follow
to remain in attendance in class at MHCC.
- Loss of Privileges: Denial of specified privileges for a designated period
of time.
- Restitution: Compensation for loss, damage or injury. This may take the
form of appropriate service and/or monetary or material replacement.
- Discretionary Sanctions: Work assignments; service to the college or community
or other related discretionary assignments; mandated counseling or therapy;
trespass from specified College premises; loss of institutional grants or
scholarships. The imposition of such sanctions must be related to the nature
of the violation.
- Disciplinary Suspension: Separation of the student from the College for
a definite period of time after which the student is eligible to return.
Conditions for readmission may be specified. A suspended student is not to
occupy any portion of the campus (including off-campus centers) and is denied
all College privileges, including class attendance, transcript service and
any consultation with College officials, except with the express permission
of the Student Conduct Administrator. Suspension can be applied for up to
one calendar year. A hold will be placed on the student account.
- College Expulsion: Permanent separation of the student from MHCC. The expelled
student is denied all further college privileges. Only the President of the
College can apply the sanction of expulsion.
- If students do not comply with any sanctions a hold will be placed on their
account they will not be able to receive any services from the College, including
registration, transcript or graduation programs. The student must meet with
the Student Conduct Administrator in order to have a hold removed. The Student
Conduct Administrator will decide whether the student has complied with the
sanctions.
Article IX: Interim Sanctions
In certain circumstances, the Student Conduct Administrator or designee may
impose an interim sanction prior to the hearing before the Student Conduct
Administrator.
- For alleged violations of this Code, interim sanctions, including but not
limited to interim suspension, limitation of access to designed campus facilities
by time and/or location, and limitation of privilege to engage in specified
College activities, may be imposed by the Student Conduct Administrator.
- Such restrictions are to be utilized only when there is reason to believe
that the student poses a substantial threat to harm oneself or others,
damage to College property, or disrupt the stability and continuance of
normal college operations and functions.
- During a period of interim suspension, a student may be denied access
to the campus (including classes), and to all other College activities
or events, which the student might otherwise be eligible to participate
in or attend.
- Prior to imposing an interim sanction for alleged violations of the Code,
the contemplating taking action, will meet with the student. If the student
cannot make the meeting, a telephone conversation or email or other delivery
of the information shall be attempted.
- During the meeting, the student will be informed of his or her alleged
violation(s) and of the reasons for the proposed interim sanction.
- After this information is provided, the student will be afforded an opportunity
to make a statement regarding the alleged violation(s).
- If, after hearing the student's statement the Student Conduct Administrator
will decide if implementation of an interim sanction is warranted. The student
will be provided with a written notice of interim sanction. An interim sanction
will become effective immediately. A written notice will be attempted to
be delivered to the student as expediently as possible; a copy of the letter
(and possible trespass warrant) will always be sent to the students domicile
recorded in the Student Information System.
- Interim sanctions are temporary actions that will be enforced only until
such time as a formal conduct hearing and the resulting decision-making process
has been completed. The required formal hearing will be provided within a
reasonable length of time, which, unless unusual circumstances are present,
will be held not later than ten (10) calendar days from the date the written
notice was delivered.
- During an interim sanction, students will be provided a means of obtaining
assignments, presenting assignments to instructors, completing projects and/or
taking examinations without penalty.
- Interim sanctions cannot be appealed prior to the required formal student
conduct hearing.
- Faculty members may remove a student temporarily from a class in concert
with Board regulations and the respective faculty bargaining unit contracts.
- Faculty, Department Chairs, Program Directors and Instructional Deans will
work within the guidelines of respective Program handbook guidelines in the
process of removing a student on a temporary or permanent basis from an academic
program. Generally, the removal or temporary restriction from these programs
may relate to safety, ethical/appropriate conduct or academic or technical
concerns. While not part of the Student Conduct process, the Program staff
and managers should ensure that appropriate due process is given. The staff
in those areas may consult with the Student Conduct Administrator for general
advice, and must consult with the College Disability Coordinator if the student
has a documented disability or notes one (if it not documented) at the time
of a proposed action. A student can be removed from classes or a program
on a temporary or permanent basis by program staff. If a student has allegedly
committed a violation of the Student Code of Conduct that was a reason for
possible removal or restriction from a program, that student may also be
referred to the Student Conduct Administrator for possible adjudication.
Article X: Involuntary Withdrawal
There may be times when a student should be involuntarily withdrawn from the
College for issues including medical, psychiatric, to self or other injurious
behavior.
The process for this withdrawal will be as follows:
- The College will engage in a thorough threat assessment which will include
statements from staff, medical personnel and others. The analysis will be
impartially conducted by an administrator named by the Executive Dean of
Student Development and Services. The threat analysis should be completed
within five (5) working days.
- Student Development and Services staff, Disability Services and counselors,
but also senior student affairs Deans and supervisors, will review the report
and ascertain if certain accommodations could assist the student to be more
successful in the college environment, with some changes for processes and
procedures. This process should take no longer than two (2) working days.
The student shall receive a written notice of the concern (sent to their
domicile with delivery receipt, but also a copy delivered in person, if possible);
and shall be given an opportunity to meet with the Executive Dean of Student
Development and Services, or designee, in order to listen to the concern,
the accommodations, suggested plan and to provide additional information.
A the end of the session, should the student agree to the processes and procedures,
(which could include consultation with medical or other health care personnel),
the Executive Dean of Student Development and Services, or designee, will
send a letter to the students domicile with delivery confirmation (letter
also delivered to the student in person if possible) outlining the required
accommodations, processes and procedures to be followed in order for the
student to successfully stay at the College. The student must comply with
these accommodations. If the student does not, the College may begin the
procedure for involuntary withdrawal. In the letter will also be an option
for appeal. The student will have five (5) working days from the receipt
of the letter (delivery confirmation) to file an appeal of the letter and
its contents with the Vice President for Student Learning. The Vice President
will review the case, get additional input if needed and make a ruling. A
letter from the Vice President concerning his/her ruling will be sent to
the student at their domicile (also delivered in person if possible) within
five (5) working days of receipt of the appeal. There is no appeal of the
Vice Presidents decision. While a decision is under appeal, the student
must comply with the decision made by the Executive Dean or his/her designee.
A copy of the appeal decision will be sent to the Executive Dean.
- If the student is unwilling to comply with the accommodations, or if there
are no reasonable accommodations to be made, the Executive Dean will convene
a body to review a possible involuntary withdrawal of the student. The body
will be chaired by the Executive Dean, or designee, an Instructional Administrator
named by the Vice President for Student Learning, a faculty counselor, a
supervisor in the Student Services area, another faculty member, and the
Coordinator for Disability Services and/or Health and Wellness Coordinator,
if appropriate. The student will receive notice by U.S. mail with delivery
confirmation (hand delivered if possible).
Article XI: Disciplinary Files and Records
- The Office of the Executive Dean of Student Development and Services or
designee, will maintain disciplinary records and a disciplinary tracking
system, which will include, but not be limited to, the respondent's name
and related information, description of the incident, parties involved, Code
violations, sanctions and other data deemed relevant for no less than five
(5) years after resolved, except in cases of suspension or expulsion. Such
information will be maintained in accordance with the provisions of the Family
Educational Rights and Privacy Act. Disciplinary records will be made available
to the Committee on Student Conduct and College officials designated in the
Code of Student Conduct. ORS:166-450-0090 (10)
- Students may arrange to review their own disciplinary records by contacting
the Office of the Executive Dean of Student Development and Services. Except
as provided in the Student Code of Conduct and as required by law, the College
will not communicate a student's disciplinary record and related information
to any person or agency without the prior written consent of the student;
however, the parents or legal guardian of a student who is a minor may be
notified. Disciplinary proceedings under the Student Code of Conduct will
be private and confidential.
- With the exception of cases involving suspension and expulsion, disciplinary
records will be destroyed not later than five years after a student's graduation
or last recorded quarter of attendance at the College.
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