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Student Code of Conduct

The Executive Dean of Student Development and Services is assigned the responsibility to administer student discipline through the Student Code of Conduct. The vice president's 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 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. Mt. Hood Community College 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 Mt. Hood Community College assume a responsibility to conduct themselves in a manner compatible with the College's function as aneducational 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 Mt. Hood Community College. 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 Mt. Hood Community College 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 Mt. Hood Community College.
The term "Board" means the Mt. Hood Community College District Board of Education.
The term "student" includes all persons taking courses at any site of Mt. Hood Community College, both full-time and part-time, enrolled in credit or non-credit courses. Persons who have been enrolled 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 "organization" means any number of persons who have complied with the formal requirements for College recognition.
The term "judicial officer" 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 Mt. Hood Community College 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 Code's administration.
The term " College policy" is defined as the written rule, approved by the Board.
The term "College regulation" is the written procedural guideline approved by the President's Council.
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.

Article II: Authority

The College has established these regulations regarding standards of conduct in order to protects 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 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, which occurs elsewhere during the course of a College-sponsored activity. Actions committed off College premises may also be subject to the Code provided the offense adversely affects the College and/or the pursuit of its objectives.
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.
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.
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 Mt. Hood Community College 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 or College policies, regulations, and or procedures including, but not limited to, the policies 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, or driving while under the influence of alcohol or other controlled substances.
Engaging in fighting and/or conduct that is disorderly, lewd, or indecent; breach of peace.
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 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, 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, 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 public intoxication 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 unauthorized possession or use of explosives, firearms, dangerous weapons (or their facsimiles), or other hazardous objects or substances.
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:
1. Engaging or participating in cheating, plagiarism, or other forms of academic dishonesty.
2. Furnishing false information to any College official, faculty member or College office.
3. Forging, altering, or misusing a College document, record, or instrument of identification.
4. Tampering with the election of any College-recognized student organization.
5. 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, including but not limited to:
1. Unauthorized entry into a file, to use, read, or change its contents.
2. Unauthorized transfer or copying of a file or files or software.
3. Unauthorized use of another person's identification and password.
4. Use of computing facilities to interfere with the work of another student, faculty member or College official.
5. Use of computing 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.
6. Use of computing facilities to interfere with the normal operation of the College computing system.
7. Unauthorized installation of software on College equipment.
8. Tampering with College computer hardware.
9. Any attempt to gain access to computer or network, on campus or off campus, without authorization (i.e., hacking).
10. 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:
1. Falsifying or misrepresenting information before a College judicial officer or the Committee on Student Conduct.
2. Disrupting or interfering with the orderly conduct of a College judicial proceeding.
3. Instituting a College judicial complaint knowingly without cause.
4. Attempting to discourage an individual's proper participation, or use of, the College judicial system.
5. Attempting to influence the impartiality of a College judicial officer of member of the Committee on Student Conduct prior to, during, and/or after a judicial proceeding.
6. Harassing (verbal or physical) and/or intimidating a College judicial officer or member of the Committee on Student Conduct prior to, during, and/or after a College judicial proceeding.
7. Failing to comply with the sanction(s) imposed under the Student Code of Conduct.
8. Influencing or attempting to influence another person to commit an abuse of the College judicial 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 Executive Dean of Student Development and Services. Any charge should be submitted as soon as possible after the event or behavior is discovered.
The Executive Dean may cause an investigation to determine if the charges have merit.
The Executive Dean will endeavor to determine if the charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Executive Dean.
The College judicial officer shall present all charges to the accused student in written form. A time shall be set for a hearing.
Hearings shall be conducted by the College judicial officer according to guidelines outlined in the Student Code of Conduct.
The complainant and the accused have the right to be assisted by an advisor they choose. If the advisor 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 officer for information or interpretation of the College's regulations and procedures. If the sanction is expulsion from the College, separate conditions may be applied until the appeal is completed.
After the hearing, the judicial officer shall determine whether the student has violated any section of the Student Code of Conduct. The judicial officer 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 by the Executive Dean (as verified by a US Postal Service return receipt) a written request in 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 College judicial officer, 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 College judicial officer.
- A response to the sanctions imposed by the College judicial officer.
- A detailed rationale as to why one of more of the four grounds for an appeal (cited earlier in this section of the code) is 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 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:
1. Three students designated by the President of the Associated Student Government.
2. Three administrators of the College designated by the President, neither of who can be the Executive Dean of Student Development and Services or the designated judicial officer.
3. 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 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.
1. The committee has three options in reviewing a written appeal.
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:
1. Accept the appeal and modify the student's conduct status and sanctions
2. 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.
1. College response.
2. 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.
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 14 days of receiving the Committee's final (and possibly initial) recommendation.

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, College policy or 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 college policy, 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. The student will not be allowed to re-register for classes without meeting with the Executive Dean of Student Development and Services prior to registration.
College Expulsion: Permanent separation of the student from Mt. Hood Community College. The expelled student is denied all further college privileges.

Article IX: Interim Sanctions

In certain circumstances, the Executive Dean of Student Development and Services, the area vice president, division dean, or designee may impose an interim sanction prior to the hearing before the judicial officer.

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 Executive Dean of Student Development and Services, the area vice president or the division dean or designee.
1. 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.
2. 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 Executive Dean of Student Development and Services, the area Vice President or the division dean contemplating taking action, will meet with the student, unless it can be shown that such a meeting is impossible or unreasonably difficult to afford.
1. During the meeting, the student will be informed of his or her alleged violation(s) and of the reasons for the proposed interim sanction.
2. 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, or following a determination that a meeting with the student is impossible or unreasonably difficult to afford, the administrator decides that 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.
Interim sanctions are temporary actions that will be enforced only until such time as a formal student judicial hearing and the resulting decision making process have 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 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 judicial hearing.

Article X: Disciplinary Files and Records

The Office of the Executive Dean of Student Development and Services 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 longer than five years, 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.
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.