RELATED TO POLICY SERIES NO: 7030
TITLE: STUDENT RIGHTS, RESPONSIBILITIES, AND CONDUCT CODE
The purpose of the Student Rights & Responsibilities and Conduct Code is the provide students with an understanding of their rights and responsibilities in creating a safe, inclusive and positive environment for learning in and out of the classroom.
STUDENTS' RIGHTS AND RESPONSIBILITIES
Linn-Benton Community College students, as free citizens and members of a learning community, enjoy particular rights. Along with these rights is the responsibility to conduct oneself in accordance with the standards of the college that are designed to advance student learning. Although not all of these rights can be enumerated in any document, it is important to note those that are most fundamental.
- Freedom of Association
Students shall be free to organize and join associations to promote their common interests subject to the following considerations:
- The membership, policies and actions of a student organization usually will be determined by vote of only those persons who are LBCC College students.
- Affiliation with an extramural organization shall not of itself disqualify a student organization from institutional recognition.
- Each organization shall be free to select its own LBCC advisor. Advisors must be either contracted faculty or staff currently employed by LBCC. LBCC staff serves the college community when they accept the responsibility to advise and consult with student organizations, and provide guidance to the group on college procedure and policy.
- Student organizations shall be required to submit a statement of purpose, criteria for membership, rules of procedures, a current list of officers and a certified number of active members as a condition of institutional recognition.
- Campus organizations, including those affiliated with an extramural organization shall be open to all students without respect to race, color, sex, sexual orientation, marital and/or parental status, religion, national origin, age, mental/physical/learning disability, Vietnam era or disabled veteran status, or any other status protected under applicable federal, state, or local law. Disability consultations are available through the Office of Disability Services.
Freedom from Inquiry and Expression
Students shall be free to take exception with the information or views presented in any course without it affecting their grade as long as the disagreement is not disruptive to the instructional process. Students are responsible for learning the content of any course for which they have enrolled even if they disagree with the course content. Students and student organizations shall be free to examine and discuss all questions of interest to them, and to express opinions publicly and privately. They are free to support causes by orderly means that do not disrupt the regular and essential operation of the institution. At the same time, it should be made clear to the academic and the larger community that in their public expressions or demonstrations, students or student organizations speak only for themselves. Actions by individuals or groups to prevent speakers invited to the campus from speaking, to disrupt the operations of the institution in the course of demonstrations, or to obstruct or restrain other members of the academic community and campus visitors by physical force are subject to sanction
Freedom From Harassment
LBCC is committed to providing a learning and working environment free of harassment (See Board Policy and Administrative Rules))
Freedom From Sexual Harassment/Sexual Assault
Freedom From Sexual Harassment/Sexual Assault Students are protected from sexual harassment/sexual assault by LBCC Board of Education policies, and by state and federal statutes (See Board Policy and Administrative Rules).
Freedom From Unlawful Discrimination
LBCC wishes to maintain a place of learning and work that is free of unlawful discrimination. The college prohibits discrimination based upon a person’s race, color, sex, sexual orientation, marital and/or parental status, religion, national origin, age, mental/physical/learning disability, Vietnam era or disabled veteran status, or any other status protected under applicable federal, state or local law (See Board Policy and Administrative Rules).
Student Participation in Institutional Governance
Student representation on selected LBCC councils and committees provides an opportunity for students to participate in institutional governance
Student publications and student press provide for free and responsible discussion of topics. Editor and managers are protected from arbitrary suspension and removal due to editorial policy or content. Editors and managers can be removed as the result of a violation of the LBCC Standards of Conduct
The following procedures are intended to achieve an equitable solution that will resolve the disputes and issues with due regard to the rights of the parties involved, the protection of the faculty and student body, and the interest of the college. The chief administrator responsible for student rights, freedoms, responsibilities and due process is the associate dean of student affairs.
Like other members of the academic community, the student is expected to conduct him/herself in accordance with standards of the college. A charge of misconduct may be made against a student for violating provisions of published college regulations and policies. Where a student is subject to a charge of misconduct, such charge shall be processed in accordance with the procedures set forth in this document.
- Standards of Conduct
A student enrolling in LBCC assumes an obligation to conduct him/herself in a manner compatible with an educational community. In order to maintain a positive learning environment, students at LBCC will adhere to the following standards of conduct Students at LBCC will:
- take responsibility for learning material, participating in class activities, advocating for personal needs, and knowing rules and regulations governing the education community;
- follow the lawful direction of faculty and staff including providing information and identification when requested;
- respect the teaching/learning environment by interacting with civility within the classroom and following safety guidelines;
- maintain honesty and integrity in all work, communication and interactions;
- properly use college equipment, computers and facilities including timely return of loaned equipment/materials;
- follow all college regulations, including those posted in special labs and classrooms, such as rules governing electronic devices; and
- follow state and federal laws.
- The following are examples of the categories of misconduct for which students may be subject to disciplinary action.
- Failure to comply with the lawful directions of college personnel acting in performance of their duties, e.g., disrupting class sufficiently to hinder effective instruction, or failure to leave a building or specified work area when directed to do so by college personnel;
- Physical or verbal harassment which threatens or endangers health or safety of any such person, assault and/or abuse on college property or at college-sponsored or supervised functions;
- Disorderly, lewd, indecent, or obscene conduct on college-owned or controlled property, or at a college-sponsored or supervised activity;
- Libel or slander of another individual;
- Interference by force or by violence (or by threat of force or violence) with any administrator, faculty or staff member, or student at the college who is in the lawful discharge or conduct of his/her duties or studies;
- Dishonesty, including but not limited to:
- changing or misuse of college documents or records of identification,
- aiding or abetting cheating or plagiarism
- knowingly furnishing false information to the college, and/or
- copying college software.
- Furnishing false information to the college with the intent to deceive the college or any person or agency;
- Invasion of another person's reasonable right to privacy by any means, including the unauthorized use of snooping or recording devices on campus or at college-sponsored activities;
- Unauthorized entry to, or use of, the college campus and its facilities or disobedience of a notice against trespass;
- Bringing animals into classrooms and college buildings except for assist animals, assist animals in training, other animals defined in ORS 346.680, or animals used for instructional purpose;
- Theft of, or intentional damage to, property of the college or of a member of the college community, such as visitors, students, or employees;
- Abuse or unauthorized use of the college's computer equipment, software, passwords or records, or any violation of the confidentiality or security of passwords, records or software, including but not limited to networks, Internet, World Wide Web, and e-mail (see Administrative Rule No. B301);
- Violation of the electronic devices guidelines as outlined in this document (see Appendix E);
- Unauthorized use of college supplies or equipment. Using LBCC computer resources and/or networks to send threatening or harassing messages or view pornographic materials electronically is forbidden (see Administrative Rule No. B301);
- False representation of the college for any commercial purpose or contracting in the name of the college;
- Gambling, except as expressly permitted by law;
- Unlawful use or possession or distribution of alcoholic beverages, narcotics or dangerous drugs, except as expressly permitted by college policy;
- Possession or use, without written authorization, of firearms, explosives, dangerous chemicals, substances, instruments or other weapons on college-owned or controlled property or at college-sponsored or supervised functions;
- Harassment, sexual harassment, sexual assault and unlawful discrimination, a violation of any state or federal law on campus or while attending or participating in any college event (See Board Policy and Administrative Rules);
- Violations of published college regulations, the rules in this section and any other college regulations that may be enacted.
- 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
Dispute between a student and his or her instructor concerning the appropriateness of a grading decision. A grade may be appealed within one term of the grade's posting
Students and faculty members are encouraged to maintain frank and open communications concerning student progress and performance. If a student believes he/she has been awarded an inappropriate grade by an instructor, the first step is to appeal the grade to the responsible faculty member. If satisfaction is not received, the next step is to appeal to the academic dean/director by providing a written statement of the facts.
The academic dean/director will review both the instructor's and student's facts related to the grade appeal (tests, papers, reports attendance, etc). A hearing or meeting may be held at the discretion of the academic dean or director. The decision of the academic dean/director shall be final and shall be forwarded to the instructor and student within 30 days upon receipt of the appeal by the academic dean/director.
- Notification of Student Misconduct Made by Faculty, Student or Staff Member These complaints could include any violation of the Standards of Student Conduct set forth above that 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 appropriate, the faculty, student or staff member may initiate this dispute resolution procedure by filing the following material with the associate dean of student affairs and/or designee.
- 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, then an explanation of the reason why such an attempt was not made; or
- name and telephone number of the faculty, student or staff member initiating the complaint.
Unless the deadline is specifically extended by the associate dean of student affairs, misconduct charge materials must be filed within 30 calendar days of the event/incident that is the subject of the event giving rise to the complaint.
At an initial conference with the associate dean of student affairs and/or designee, the accused student shall be informed verbally and in writing of the charges, and the maximum penalty that might result from consideration of the disciplinary matter. The accused student will be warned that any retaliation against the complainant is against school policy. The accused student will be provided an opportunity to explain his/her behavior. An attempt will be made to resolve the situation informally at this time.
Legal advice may be sought. However, neither the college, college staff, nor student may be represented by an attorney during the college's dispute hearing.
Failure of the accused student to attend the conference without good cause and prior notification or a verifiable emergency constitutes a waiver of the student's right to participate and appeal further.
If a student has written or documented evidence it must be submitted within seven calendar days of the initial conference. If a student knows the identity of individuals who should be interviewed, then name, address and telephone number with sufficient information to allow contact must also be submitted within seven days. The college is under no obligation to consider written information that is submitted after seven days or witnesses without contact information.
After considering the evidence in the case and interviewing persons as appropriate, the associate dean of student affairs may take one of the following actions:
- dismiss the case after appropriate counseling and advice; or
- impose an appropriate sanction as described.
The accused student will be notified in writing of the decision of the associate dean of student affairs. The student may appeal the decision of the dean of student services by filing a written appeal with the vice president for student affairs or designee within seven calendar days of the associate dean of student affairs decision.
The student accused of misconduct may appeal the decision of the associate dean of student affairs to the office of the vice president for student affairs. The vice president may elect to consider the appeal personally, or may appoint a designee, or a hearings panel to consider the appeal. The accused student will be advised by the vice president of the method and procedures selected to consider the appeal, and a hearing on the appeal shall be held within 14 days after the appeal has been delivered to the office of the vice president for student affairs. The decision of the vice president (or designee or hearings panel) shall be final and not subject to further appeal, except in cases of expulsion.
Expulsion sanctions may be appealed to the college president. Decisions on appeals shall be communicated to the student within 14 days of a hearing.
In the event the vice president refers an appeal to a hearings panel, the panel named by the vice president shall consist of one student, one faculty member and one administrator. Every effort will be made to select panel members who will be fair and objective.
Admissions, Graduation and Financial Aid Appeals
Students may appeal the decision of committees involved in selection to programs, graduation requirements and financial aid by completing the Admissions, Graduation and Financial Aid Appeals form. Appeals must be based on new information and/or procedural errors and submitted within 14 days of the respective appeals committee's decision. The associate dean of student affairs will respond within 14 days. The decision of the dean of student services shall be final
Records of disciplinary proceedings shall be kept by the associate dean of student affairs. Records will be kept a minimum of five years after resolution of the complaint. In the case of expulsion, this will be permanently maintained
- Charges of Faculty or Staff Misconduct
These complaints do not include grade appeals. They may include any perceived violation of law or college policy, or the student rights section of this document
Faculty and staff members are subject to collective bargaining agreements and formal disciplinary rules that 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 a faculty or staff member shall be made to the supervisor and/or the director of human resources or his or her designee, within 30 calendar days of the occurrence, and shall be subject to dispute resolution procedures as he or she may prescribe.
- 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 associate dean of student affairs within 30 calendar days of the occurrence. The complaint shall contain the student's name, and the nature of the complaint, together with all documents, policies, procedures and related material that may be necessary for college review of the complaint.
- Upon receipt of the complaint, the associate dean of student affairs or designee shall schedule a meeting with the student complainant. At that meeting, the dean shall attempt a resolution of the student complaint. In the event that the resolution proposed by the associate dean is not acceptable to the student, he or she may make a secondary appeal to the vice president for administrative and student affairs.
- The secondary appeal shall consist of a meeting with the vice president of student affairs, the associate dean of student affairs and the student. At this meeting, the vice president will hear the student complaint, discuss the matter with the student and the associate dean of student affairs, review appropriate materials and issue a written decision within 30 days of the meeting. The vice president reserves the right to appoint an alternative panel.
- The third level appeal shall be made in writing to the LBCC board of education. The third level complaint shall include all materials included in the original and secondary complaints and all materials submitted by the dean of student services and/or the vice president of student affairs, in response thereto. The board of education shall not be obligated to hold a hearing, but shall consider the matter and the decision of the board of education shall be final.
Ancillary Role of Associate Dean of Student Affairs
In addition to the duties imposed upon the associate dean of student affairs as set forth above, he/she also shall be primarily responsible for attempting informal resolutions and reconciliations at all steps of the dispute resolution process. The associate dean of student affairs may, with the students' consent, intervene on the student's behalf at any stage of any dispute resolution proceedings. By the same token, the associate dean of student affairs 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, shall be deemed a waiver of any right to proceed further at any stage of any dispute resolution process and shall authorize dismissal of the complaint.
Any time line set forth in any dispute resolution procedure may be extended by the dean of student services upon written application to do so.
- Grade Appeals
- Forms of discipline/penalties
Disciplinary Admonition and Warning
Notice that a student's conduct in a specific instance does not meet college standards and that continued misconduct may result in more serious disciplinary action
Written notice that the student found in violation of the college standards may continue to be enrolled under stated conditions. Violations of the stated conditions will be cause for more serious disciplinary action
A student may be suspended for a fixed period of time up to an academic year Suspension means imposition of one or more of the following penalties:
- forfeiture of the right to enter the campus;
- exclusion from one or more classes; and/or
exclusion from classes and/or activities.
Students shall be required to meet with the associate dean of student affairs prior to being allowed to enroll at the college after the suspension period has expired
The parents or guardian of any student under 16 years of age who is placed on disciplinary probation, suspended, or expelled, may be notified
Termination of student status as set forth in the Notice of Expulsion by the college president
- Supplemental Sanctions
The associate dean of student affairs may impose additional sanctions or requirements The following are examples of supplemental sanctions:
- work assignments;
- service to the college or community;
- restitution, i.e., compensation for loss, damage or injury (this may take the form of appropriate service and/or monetary or material replacement);
- decision-making skills workshops/peer education, written responses to posed questions;
- revocation of degree, holding transcripts, removal from courses;
- loss of privileges;
- “No Trespassing” order.
- Temporary Exclusion
A faculty or administrative staff member may suspend a student for up to two class meetings because the student is disrupting the class sufficiently to hinder effective instruction, or when the health and safety of the instructor(s), student(s), or staff appears to be in jeopardy. The faculty member or administrator will write a report of the incident for the dean/director of the division or unit and the dean of student services within 24 hours of the incident
Faculty, administrative staff, or contracted classified staff members responsible for services to students may exclude a student from using those services for up to two days when a student's behavior is disruptive to the education environment or when the health or safety of student(s) or staff appears to be in jeopardy. The responsible contracted staff member will write a report of the incident for the director/dean of the division or unit and the dean of student services within 24 hours of the incident.
Exclusion with Conditions for Returning to Campus
In rare circumstances it may be necessary to exclude a student from classes or activities for up to one term. The dean of student services will confer with the student and provide the student with an opportunity to explain his or her behavior. The associate dean of student affairs may exclude the student when a student's health, behavior or other actions represent a serious and immediate threat to the ongoing educational activities of the college or the health and safety of any individual. The college has no tolerance for threats against any person, persons or any entity of the college. The associate dean of student affairs may exclude with conditions for returning to campus
Referral to Outside Authorities
If a student is in violation of federal and state laws on campus, or college- sponsored related activities, the college may refer the student to local law enforcement agencies for prosecution
Criminal Background Checks and Drug Testing
Participating in some programs may require a criminal background check or drug/alcohol testing. LBCC and its partners reserve the right to perform criminal background checks and/or drug/alcohol tests for programs that involve placement contact with vulnerable populations or when mandated by external agencies in accordance with employers and in accordance with state and federal law. Examples may include, but are not limited to, cooperative education, service learning, and child care.
Drug and Alcohol Free Workplace and College
LBCC is legally required and morally committed to the prevention of illicit drug use and abuse of alcohol by both students and employees. LBCC is fully compliant with PL101-226. For more see Web site www.linnbenton.edu/drugfree
LBCC/Oregon State University Degree Partnership Program
Students participating in the Degree Partnership Program between Oregon State University and LBCC will be accountable to the conduct standards at both institutions. LBCC and Oregon State University may each intervene in cases of misconduct, particularly in issues involving health and safety. Students will be given opportunity for due process. Students found in violation of conduct codes may receive sanctions from each institution. LBCC and Oregon State University reserve the option to decide that only one institution will process a case of misconduct
Campus Sex Crimes Prevention
Any person required to register under a state sex offender registration program must notify the state within ten days of enrollment or employment at an institution of higher education. This includes volunteer work, as well as work off campus associated with the institution, even if the employer is not the school itself, i.e. contractor, day-care providers, etc. The sex offender must also notify the state of any change in enrollment or employment status
Application of Student Conduct Rules to All College Sites and Activities
This document applies to all college sites, including off-campus sites used for college instruction and the areas immediately surrounding instructional locations. Further, the Standards of Student Conduct apply to student behavior during off campus activities related to class attendance, study abroad, field trips, and at all other official on and off campus activities and events
Right To Know Statement
In accordance with 34 CFR Part 668, students have the right to know certain information about LBCC, including a variety of academic information, financial assistance information, institutional information, information on completion or graduation rates, institutional security policies and crime statistics, athletic program participation rates and financial support data. As part of the college's compliance with this regulation, LBCC presents the reference chart at http://www.linnbenton.edu/righttoknow/. Should you wish to comment on the presentation or content of the information provided, please contact the Vice President for Student Affairs
Students should have no expectation of privacy in use of college supplies, equipment, and facilities such as lockers or similar containers. Therefore, college officials reserve the right to search such containers when reasonably necessary to address health and safety concerns. College officials may also condition attendance or participation in college events or activities, or college-sponsored events or activities, upon a person's willingness to consent to a search of their personal or private property when such a search is deemed reasonably necessary due to health or safety concerns. Contraband items shall be confiscated and may be used as evidence in disciplinary, civil and/or criminal cases. Further, items such as briefcases and handbags may be searched in the library, laboratories, bookstore and at other places where materials or equipment are not secure.
DATE OF ADOPTION: 05/12/83
DATE(S) OF REVISION(S): 07/21/93; 12/13/95; 1/20/99; 9/20/06;
DATE OF LAST REVIEW: 03/25/14