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Southwestern Student Handbook
- Disciplinary proceedings regarding student conduct play a role substantially
secondary to example, counseling, guidance, and admonition. At the
same time, the College has a duty and the corollary disciplinary powers
to protect its educational purpose through the setting of standards
of scholarship and conduct for the students who attend and through
the regulation of the use of institutional facilities. In the exceptional
circumstances when the preferred means fail to resolve problems of
student conduct, proper procedural safeguards will be observed to protect
the student from the unfair imposition of serious penalties. The administration
of discipline shall guarantee procedural fairness to an accused student.
In all situations, procedural fair play requires that the student
be informed of the nature of the charges against him/her, that he/she
be given a fair opportunity to refute them, that the institution
not be arbitrary in its actions, and that there be provisions for
appeal of a decision. Students have the right to initiate the grievance
procedure when student rights, as defined in this document, have
been denied.
- Standards of Conduct
- Students have the responsibility to obey and follow College
policy and procedures, the ASG bylaws, federal and state statutes,
and city ordinances. The ASG constitution and bylaws and College
policy and procedures shall provide means for student involvement.
- Students are responsible for fulfilling the requirements of
their courses.
- Students are responsible for the effects of their decisions
and behavior that become destructive to the educational goals and
processes of Southwestern Oregon Community College.
- Anyone who is required to register as a sex offender under ORS
181.592-181.607 (sexual offender registration) or has been ordered
by any court, parole board or other public agency to not have contact
with persons under the age of 18 must notify the Office of Administrative
Services at Southwestern Oregon Community College (1988 Newmark,
Coos Bay OR 97420) in writing within one business day of registering
for any class at the College.
- Violations
The following activities may result in disciplinary action:
- Academic Plagiarism: The intentional submission for evaluation
to a college instructor or administer of material based, in significant
part, on work done by someone other than the submitter without
reasonable written indication to the evaluator of material’s
true source.
- Academic Cheating: The intentional submission for evaluation
to a college instructor or administrator of material based, in
part, on a source or sources forbidden by generally accepted standards
or by regulations established by the evaluator and disclosed in
a reasonable manner.
- Animal Abuse: intentionally, knowingly, or recklessly causing
physical injury to an animal in violation of ORS 167.
- Furnishing false information to the College with the intent
to deceive.
- Forgery, alterations, or misuse of College documents, records,
or identification cards.
- Detention, physical abuse, or conduct that threatens imminent
physical abuse of any person in the College community.
- Malicious destruction, damage, or misuse of College or personal
property on the College campus. College property is defined as
all real and/or tangible property owned or controlled by the College,
including but not limited to buildings, grounds, equipment, motor
vehicles, library or other instructional materials.
- Theft or extensive damage to another’s property at the
College or College-related environment.
- Participating in hazing.
- Possession, use, or threatened use of firearms, ammunition,
knives, explosives, dangerous chemicals, or any other objects as
weapons on College property, except as expressly authorized by
law or institutional regulations.
- The possession of alcoholic beverages or controlled substances
on the College campus or any other facility that is rented, leased,
owned, or occupied by the College at any time when classes or student
activities are scheduled.
- Sexual Harassment: Repeated and unwanted sexual advances, requests
for sexual favors, and other verbal and physical conduct which
results in inhibition of unconstrained academic interchange or
career advancement, or creates an intimidating, hostile, or offensive
environment for one of the parties.
- Substantial and material interference with the operation of the
College.
- Failure to comply with the terms of any penalties applied under
this Student Conduct Code.
- Disorderly Conduct: Disorderly conduct is defined as knowingly
and intentionally engaging in violent, tumultuous, or threatening
behavior which: results in inconvenience, annoyance, or alarm,
creates unreasonable noise, or disturbs any lawful assembly of
persons.
- Eluding or attempting to elude a College Public Safety officer
who is pursuing official duty.
- Sanctions for Violations
- The Dean of Students will be responsible for maintaining and
disseminating a disciplinary procedure for imposing sanctions while
ensuring a student’s right to due process. The severity of
the sanction(s) should reflect the severity of the violation and
may be imposed singly or in any combination. Sanctions for violation(s)
of the Student Code of Conduct (or any other violations of Board
policies or College administrative rules and regulations) may include,
but are not limited to, the following:
- Written Reprimand: Written warning that
a student’s conduct does not meet
College standards and that continuation of such
misconduct may result in further disciplinary action.
- Disciplinary Probation: Imposition of a probationary status,
for which further violations may result in additional disciplinary
action, including suspension. Disciplinary probation may
be imposed for any length of time up to one calendar year.
The terms of the probation and conditions for ending it will
be specified in a letter to the student. Disciplinary probation
may include referral for intervention, screening, and treatment
in cases where use of alcohol or other controlled substances
have impaired safety and judgment.
- Personal Mental Health Referral: A sanction which may be
invoked in circumstances where the student’s behavior
poses a potential threat to the campus community.
- Bar Against Re-Enrollment: May be imposed on a student
who has a disciplinary case pending or who fails to pay a
debt to the College.
- Restitution: Reimbursement for costs of damage to a person
or property or for a misappropriation of property. Restitution
may take the form of appropriate services to repair or otherwise
compensate for damages. Restitution may be imposed in combination
with any other penalty.
- Withholding of an Official Transcript: May be imposed
upon a student who fails to pay a debt to the College.
- Suspension of Rights or Privileges: Imposes specific limitations
on, or restrictions to, the status of a student’s enrollment
at the College.
- Suspension of Eligibility for Extracurricular Activities: Prohibited from joining a recognized student organization
and participating in its activities or attending its meetings
and/or from participating in official athletic or other extracurricular
activities for any length of time up to one calendar year.
- Temporary Exclusion: An instructor or supervisory staff
member may remove a student from class, a service area, or
a College sponsored event when, in the judgment of the instructor
or supervisor the student is disrupting the educational or
administrative processes of the College or poses a danger
to other staff or students. Prior to removal, the instructor
or supervisor must inform the student of the nature of the
disruptive behavior and request that the student cease the
behavior. If the student does not comply, the instructor
or supervisor has the authority to ask the student to leave
the service area or College sponsored event for the remainder
of the class session, service day, or event. If a student
is removed, please notify the Dean of Students office and
fill out the appropriate paper work.
- Suspension: A student may be suspended for a defined period
of time. During a period of suspension the student is prohibited
from registering for one or more credit or non-credit classes
sponsored by the College and may be barred from entering
the College campus except with the permission of the President,
the Vice-Presidents, or Dean of Students. The conditions
of reenrollment shall be stated in the letter of suspension.
- Summary Suspension: Summary suspension may be used to protect
the College from potential disruption of instructional or
other college activities, or to protect the safety of students,
faculty, staff, or College property. Summary suspension,
for the purpose of investigating the event or events in which
the student or students were allegedly involved, shall be
for no more than five (5) school days; however, it may be
continued pending final disposition of the case if it is
deemed necessary for the safety of students, faculty, staff,
or College property or in cases where the student’s
presence is considered to be disruptive to the orderly functioning
of the College. The President, Vice-Presidents, Dean of Students,
or their designees may summarily suspend a student within
the stated guidelines. Such suspension shall remain in effect
until the outcome of a formal hearing is determined. The
formal hearing shall be held no more than ten (10) working
days from the first day of suspension. This timeline may
be modified with the agreement of both parties.
- Readmission after Suspension: When a student is suspended,
the conditions for re-enrollment that must be met will be
outlined in the letter the student receives at the time of
suspension. In the case of a long-term suspension, (more
than one week), the student will be required to meet with
the Dean of Students or designee prior to re-enrollment,
and to request re-enrollment in writing. The Dean of Students
will be responsible for determining if the conditions for
re-enrollment have been met. The Dean of Students will provide
the student, in writing, with his/her decision regarding
the student’s reentry into the College and the reasons
for the decision.
- Expulsion: A permanent separation from the College. A student
may be expelled from the College only on approval of the
decision by the College’s Board of Directors. Note:
The parents or guardian of any dependent student under age
18 years of age who is placed on disciplinary probation,
suspended, or expelled shall be notified.
- Faculty may assign a failing grade for paper/test or course
as a disciplinary action where appropriate. Faculty may also require
a student to leave the classroom at any time for violations of
the Student Conduct Code.
- In addition, when enforcing college regulations, city codes,
and state and federal laws, College Public Safety officers may
issue citations and/or make arrests.
- Investigation of Student Conduct
- Complaint
- Any person including but not limited to students, staff,
and faculty who has knowledge of student conduct that may
be in violation of the Code may file a student conduct complaint
with the Office of Instruction.
- All student conduct complaints must be received no later
than 90 calendar days after the incident described in the
complaint or the time when the person filing the student
conduct complaint first had knowledge of the incident, whichever
time period is greater.
- Action on the Complaint
- Based on information received in the complaint, the Dean
of Students or designated representative may initiate further
investigation of the complaint and/or impose appropriate
penalties.
- The Dean of Instruction acting on a complaint may initiate
the Grievance Process when it is alleged that the College
has acted in a manner that denies, abuses, or diminishes
a student’s rights and privileges.
- Status of Student Pending Final Action on a Complaint
Pending action on a complaint, the status of a student will not be altered,
or his or her right to be present on the campus and to attend classes
suspended, except for reasons relating to his or her physical or emotional
safety and well-being, or for reasons relating to the safety and well-being
of students, faculty, or College property.
- Dispute Resolution Procedures
Each of the dispute types listed below shall be subject to a dispute
resolution process. The same process is not necessarily appropriate
for resolving all disputes. The dispute types listed below will be
resolved through the following procedures:
- Grade Appeals
Should a student feel that he/she was not graded fairly and has
discussed the issue with the instructor and the Instructional
Director, the student may appeal for a change in grade in accordance
ith the following appeal process:
- The student shall complete a grade appeal form which
shall include all the particulars of the situation surrounding
the grade given, what grade change is requested and a statement
that substantiates the perception of the student that the
grade assigned is unfair.
- The form shall be submitted to the appropriate Instructional
Director who shall review the appeal with the instructor.
The instructor shall respond to the statement of the student
in written form.
- If the Instructional Director’s decision is to change
the grade in agreement with the student's request, it will
be so recorded and the appeal process will be considered
complete.
- If the Instructional Director’s decision is to not
change the grade and the student is not satisfied with the
decision, the appeal process may be continued with the Vice
President of Instruction and Student Services.
- All documentation surrounding the grade appeal shall
be reviewed by a committee of three regular faculty
members chaired by the Vice President of Instruction
and Student
Services. The Vice President of Instruction and Student
Services
shall select five faculty members from three separate
disciplines who are willing to serve in this capacity.
If five faculty
members are not willing to serve in this capacity,
the Vice President of Instruction and Student Services
shall
appoint
five faculty members. When an appeal is heard, the
instructor involved shall be allowed to strike two
of the names,
and the three remaining faculty shall conduct the
grade appeal.
The Vice President shall facilitate the grade appeal
review but shall not be a voting member. The committee
shall be
authorized to change a grade and the committee's
decision shall be final. A permanent record of the grade
shall
be maintained in the registrar's office.
- Charges of Student Misconduct made by Faculty,
Student or Staff could include any violation of the Standards
of Student Conduct set forth above which comes to the attention
of a faculty or staff member. Faculty, students and staff
members are encouraged to deal with student misconduct
on an informal basis whenever possible. However, where
the misconduct rises to a level such that informal resolution
is not possible, a student or staff member may initiate
this dispute resolution procedure by filing the following
material to the Dean of Students.
- A written complaint setting forth the name of the student;
- A description of the alleged inappropriate conduct;
- A reference to the student conduct policy allegedly violated
and, if informal dispute resolution was attempted, a statement
of the
steps utilized; or, if no informal dispute resolution was attempted,
an explanation of the reason why such an attempt was not made.
- Name and telephone number of the faculty, student or staff
member initiating the complaint.
At an initial conference with the Assistant Director of Housing
(Housing Violations) or Dean of Students (or designees), the student
will be informed verbally and in writing of the charges and the
maximum penalty which might result from consideration of the disciplinary
matter. Failure of the student to attend the conference without
good cause and prior notification or a verifiable emergency may
constitute a waiver of the student's right to participate and appeal
further.
The student must submit all of his/her information within seven
(7) calendar days of the initial conference. After considering
the evidence in the case and interviewing persons as appropriate,
the Dean of Students may take one of the following actions:
- Terminate the proceedings, exonerating the student;
- Dismiss the case after appropriate counseling and advice;
- Impose an appropriate sanction as described.
The student will be notified in writing of the decision made by
the Dean of Students. The student may appeal the decision of the
Dean of Students by filing a written appeal with the Vice President
of Instruction and Student Services (or designee) within seven
(7) calendar days of the Dean of Students decision. The Vice President
(or designee) shall render a decision on the appeal within seven
(7) calendar days of its filing. The decision of the Vice President
(or designee) shall be final and not subject to further appeal.
In cases where expulsion is the recommended outcome, the Vice President
of Instruction and Student Services will make the final decision
and no further appeals will be allowed.
- Charges of Faculty or Staff Misconduct
These complaints do not include grade appeals. They may include
any perceived violation of law or college policy, procedures,
or the Student Rights section of this document. Faculty and
staff members are subject to collective bargaining agreements
and formal disciplinary rules which are beyond the scope
of this document. By law, certain procedures must be followed
before discipline can be imposed. For this reason, complaints
concerning the conduct of the faculty or staff member shall
be made to the Vice President of Administrative Services
or designee.
- Student Complaints Alleging Violation of a College Rule, Policy,
or Procedure.
This type of complaint is to be employed if a student believes that
the college, as a matter of practice, is violating its own rules, policies,
or procedures. A student complaint concerning a college rule, policy,
or procedure, shall be made in writing and submitted to the Dean of
Students. The complaint shall contain the following information:
- The student's name;
- The nature of the complaint together with all documents, policies,
procedures and related material which may be necessary for College
review of the complaint. Upon receipt of the complaint, the Dean
of Students shall schedule a meeting with the student complainant.
At that meeting, the Dean of Students shall attempt a resolution
of the student complaint. In the event that the resolution proposed
by the Dean of Students is not acceptable to the student, he or
she may make a secondary appeal to the Vice President of Instruction
and Student Services. The secondary appeal shall consist of a meeting
with the Vice President of Instruction and Student Services, the
Dean of Students and the student. At this meeting, the Vice President
of Instruction and Student Services will hear the student complaint,
discuss the matter with the student and Dean of Students, review
appropriate materials, and issue a written decision within 30 days
of the meeting, and the decision shall be final.
- Ancillary Role of the Dean of Students In addition to the duties
imposed upon the Dean of Students as set forth above, he or she shall
also be primarily responsible for attempting informal resolutions and
reconciliations at all steps in the dispute resolution process. The
Dean of Students may, with the student's consent, intervene on the
student's behalf at any stage of any dispute resolution proceedings.
By the same token, the Dean of Students shall also be free to schedule
meetings with the student complainant at any step during the dispute
resolution process should he or she deem it useful. Failure of a student
complainant to attend any meeting thus scheduled without good cause
and prior notification, or a verifiable emergency, may be deemed a
waiver of any right to proceed further at any stage of any dispute
resolution process. Any time line set forth in any dispute resolution
procedure may be extended by the Dean of Students upon written application
to do so.
NOTE: Students’ privacy is protected
under the federal Family Educational Rights and Privacy Act, 20
U.P.S.C. Section 1232g; 34
CFR Part 99 (2000) and related state laws. SWOCC has developed procedures
in accordance with the law.
I Legal References:
ORS 166.065
341.290 (2) (3) (17)
659.850
659.865
OAR 166-450-0000 to 0125
589-010-0100
589-002-0200 (1) (e)
591-004-0100 to 0750
591-004-0500
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