|Section 7000: Students
Student Code of Conduct
Administrative Regulation: AR-7040-C
|President’s Cabinet (PC) Approval: 12/1/92
The vice president of student success and enrollment management administers student discipline through the Student Code of Conduct. The Office of the Vice President or designee 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 Vice President of Student Success and Enrollment Management, 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 vice president of student success and enrollment management will 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 vice president of student success and enrollment management or official designee, 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 "will" is used in the imperative sense.
- The term "may" is used in the permissive sense.
- The vice president of student success and enrollment management is the person designated by the College president to be primarily responsible for the administration of the student code. The vice president 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 "administrative regulation(s)" 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” will include, but not be limited to: College-sponsored trips in the United States or abroad, study abroad while enrolled in a duly authorized MHCC study abroad program (students enrolled in other study abroad programs will generally be held to that organization’s 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 vice president of student success and enrollment management or designee retains the ultimate responsibility for the administration of this Code (policies, procedures, sanctions and processes). The vice president will develop policy, regulation and procedural guidelines for the administration of the Student Code of Conduct.
- Decisions made by the vice president of student success and enrollment management 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 will 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 administrative 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, administrative regulations and /or procedures including, but not limited to, the policies/regulations on discrimination, harassment, campus disruption drug and alcohol abuse and use of tobacco on all College locations.
- 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, surreptitiously 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 administrative 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 will 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 will 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 will 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 4.9). The Student Conduct Administrator might also decide to review and decide on the case without the student’s input and appearance.
- Hearings will be conducted by the Student Conduct Administrator according to guidelines outlined in the Student Code of Conduct. There will be a single verbatim record of the proceedings. The record will 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’s 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 administrative 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 attend 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 administrator’s determination will 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 will determine whether the student has violated any section of the Student Code of Conduct. The student conduct administrator may recommend disciplinary action. The student will 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 Vice President of Student Success and Enrollment Management. 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 will 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 will be established to review a student's appeal filed by a student regarding disciplinary actions recommended by the vice president of student success and enrollment management.
- The committee will be appointed annually each September. Vacancies that occur during the year will 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 vice president of student success and enrollment management, or the designated conduct officer.
- Three persons representing the faculty designated by the Faculty Association president. Administrators and faculty members will be appointed for overlapping two-year terms so that there will be continuity on the committee.
- A representative from the part-time faculty.
- A representative from the classified association.
- A quorum will consist of five members with at least one member representing each group.
- All committee members will have voting rights.
- The committee will 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 will be private.
- If any facts are in dispute, testimony and witnesses will be received concerning the same.
- The president will designate a recorder to collect all exhibits entered into evidence.
- The hearing will 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 vice president of student success and enrollment management and the Committee on Student Conduct will have the right to question anyone presenting information before the Committee.
- A record of the proceedings will 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 will 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 will 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 will 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 will 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 will receive a letter, with delivery confirmation which will include the appropriate charge, decision and appeal, 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 administrative 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, administrative 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 because of harm to themselves 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 person contemplating taking action will meet with the student. If the student cannot make the meeting, a telephone conversation or e-mail or other delivery of the information will 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).
- 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 student’s 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 administrative 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 academic 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 vice president of student success and enrollment management. The threat analysis should be completed within two (2) working days.
- Student success staff, disability services and counselors, senior student affairs deans and managers 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 will receive a written notice of the concern (sent to their domicile with delivery receipt and also a copy delivered in person, if possible); and will be given an opportunity to meet with the vice president of student success and enrollment management, or designee, in order to listen to the concern, the accommodations, suggested plan and to provide additional information. At 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 vice president of student success and enrollment management, or designee, will send a letter to the student’s 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 two (2) working days from the receipt of the letter (delivery confirmation) to file an appeal of the letter and its contents with the vice president of student success and enrollment management. 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 two (2) working days of receipt of the appeal. There is no appeal of the vice president’s decision. While a decision is under appeal, the student must comply with the decision made by the vice president or his/her designee. A copy of the appeal decision will be sent to the vice president.
- If the student is unwilling to comply with the accommodations, or if there are no reasonable accommodations to be made, the vice president will convene a body to review a possible involuntary withdrawal of the student. The body will be chaired by the vice president, or designee, an instructional administrator named by the vice president of instruction, a faculty counselor, a manager in the student services area, another faculty member and/or the coordinator for disability services, 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 Vice President of Student Success and Enrollment Management, 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 Vice President of Student Success and Enrollment Management. 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 and the transfer college may also ask for general information. 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.