ADMINISTRATIVE RULE NO: 7030-01

RELATED TO POLICY SERIES NO: 7030

TITLE: STUDENT RIGHTS, RESPONSIBILITIES, AND CONDUCT CODE

SECTION 1:  Introduction
1.1 Purpose

The purpose of written community standards and the Student Rights, Responsibilities, and Conduct Code (“Code”) is set out in Board Policy 7030. This Code exists in support of the Linn-Benton Community College (“College” or “LBCC”) mission and is based on LBCC values of opportunity, excellence, inclusiveness, learning, and engagement. This Code exists to shape the formation of an inclusive and safe community designed for effective teaching and learning. This Code shall be applied in a manner consistent with teaching, learning, and developing students to become their best selves, prepared for work and life beyond college.

This rule describes student rights, student responsibilities, and the processes to be followed in holding students, student organizations, and guests accountable for their roles in maintaining a learning-focused and safe environment for all. There is opportunity within this Code to hold students, student organizations, and guests accountable via conversation, coaching, and teaching. In addition, an accountability process shall be used when determined to be either necessary or the best teacher. When it is determined that a student is not yet ready to learn or is a safety risk to our college community, exclusion from the College with conditions of return may be applied.

As members of the LBCC learning community, students enjoy the rights and privileges outlined in this document. In addition, students, student organizations, and guests have responsibilities to fulfill on our campus, at our events, on field trips, and when representing the College. All students and student organizations are expected to observe the policies, rules, and requirements of Linn-Benton Community College as well as all applicable laws of municipalities and counties, the State of Oregon, the United States of America and, when in another country, that country. To help ensure a safer and more positive learning environment, students and student organizations have the responsibility to conduct themselves in accordance with this Code.

The Manager for Student Conduct and Retention administers this Code and decides matters of alleged misconduct or rule violations under this Code, absent authority assigned or delegated to other college administrators. All employees of LBCC participate in teaching community standards to our students and guests. Every person in this community helps to shape our positive environment.

Linn-Benton Community College reserves the right to make changes to this Code as necessary, following the process outlined in Administrative Rule 2035-01: Administrative Rule Additions, Deletions, and Modifications.The expectations of this Code are subject to Oregon and federal law. Once those changes are posted online, they are in effect. The Student Rights, Responsibilities, and Conduct Code is made available to students in the form of a link on Linn-Benton Community College’s website at https://www.linnbenton.edu/about-lbcc/administration/policies/board-policies-and-administrative-rules/7000-series-student-services/ar-7030-01.php Hard copies are available upon request from the Manager for Student Conduct and Retention. To request a copy of the Code in alternative formats, please contact the Manager for Student Conduct and Retention. Students are responsible for reading and abiding by the provisions of this Code. Questions about this Code should be referred to the Manager for Student Conduct and Retention via email at conduct@linnbenton.edu.

 

1.2 Values Guiding the Code

A student at Linn-Benton Community College assumes an obligation to act in a manner compatible with our educational community. The following values are the basis for the rules established by the College in order to preserve a positive educational environment. The following values guide the creation of policies and the administration of this Code:

  1. Maintain Honesty and integrity in all work, communication and interactions;
  2. Take Responsibility to learn material, listen and participate appropriately in class activities designed for student learning by the instructor, advocate for personal needs, and know the rules and regulations governing the LBCC community;
  3. Support the teaching, learning and working environment by interacting with reasonable respect and civility within Non-Public Forum (all classrooms, student spaces, staff work spaces, and engagement areas) and by following communicated guidelines. In Open Public Forum, support the values of free expression by maintaining conduct within permitted community standards outlined in the Free Expression Time, Place, Manner Rule.
  4. Follow the lawful direction and regulations of the College, faculty and staff, including but not limited to those posted in special labs, classrooms, parking lots, common areas, and online. Follow program rules of special admit or specific degree programs, as published. Follow city, state, and federal laws. Note: Rules include Board Policies and Administrative Rules and the Electronic Use Policies governing computers, wireless internet, and social media.
  5. Usue College Equipment and Facilities Properly, (per their intended use), including return loaned equipment/materials timely; and
  6. Maintain Safe Practices, including provide information and identification when requested by an identified LBCC employee who has proven their identification or employment status via an LBCC badge, uniform, or by verification of another identified employee.

Section 2: Definitions

  1. Administrative Hearing: a meeting held by a Student Conduct Officer to (a) investigate or (b) gather more information about a possible Code violation.
  2. Administrative Suspension: Under this Student Rights, Responsibilities, and Conduct Code, the Manager of Student Conduct or designee may administratively suspend and/or separate a student from the College pending the scheduling of a conduct meeting on alleged individual or student organizational violations when immediate action is deemed necessary to ensure the safety of the Linn-Benton Community College community, property, or to protect the normal operation of the College (see Section 6.3 Interim Action).
  3. Code: Refers to this Student Rights, Responsibilities, and Conduct Code.
  4. College: Linn-Benton Community College; LBCC; or any physical or virtual space being used by Linn-Benton Community College.
  5. College Official: any person employed, contracted, or assigned by the College, including, on some occasions, students performing assigned administrative or professional responsibilities.
  6. Educational Record: any record directly related to a student and maintained by the College or by a party acting for the College, as defined by the Family Educational Rights and Privacy Act (FERPA). This includes academic records and disciplinary records.
  7. Policy: the written rule or regulations of the College as found in, but not limited to, the Code, as well as contracts, academic catalogs, professional standards, and any other documents that are deemed by the College to express College policy.
  8. Reporting Party: an individual or group who brings forward an allegation of a Code violation. The College may be the “Reporting Party.”
  9. Responding Party or Accused: any student or group charged with an alleged violation in this Code.
  10. Student: any person who has applied and registered for any form of admission to the College, or registered for a credit or non-credit course taught in any delivery mode (i.e. CWE, face-to-face, hybrid, online, virtual, etc.), or received financial aid, or used any campus services provided by the College that require a student status for their usage. Any person who has withdrawn or who is not enrolled in any courses, but who has a continuing relationship with the College, may be considered a “student” for the purposes of this Code.
  11. Student Conduct Officer: also called “conduct officer;” an official authorized by the Manager of Student Conduct and Retention to conduct an Administrative Hearing. This official is also authorized to impose sanctions under this Code when it has been determined that a violation has occurred.
  12. Student Organization: any student or group of students formally recognized by the College as a Student Organization, or any group with student membership that uses College spaces, funds, or materials.

Section 3: Jurisdiction and Responsibilities of Students

3.1 Jurisdiction

 This policy covers LBCC:

  1. Students (from application and registration, attending class, to leaving or graduating from LBCC);
  2. Student organizations that are formally recognized by the College as a student organization, or any group with student membership that uses College spaces, funds, or materials;
  3. Guests (a public patron, visitor on tour, attendee of performance, or spectator at an event, for example); and
  4. Non-employees or agents during such time as LBCC has a relationship with or reasonable interest in the individual’s behavior.

This Code uses the word “student” throughout, but shall include all persons listed in 1-4 above. The Code is not applicable to students enrolled in only College Now courses on their local high school campuses. Linn-Benton Community College reserves the right to further clarify appropriate student groups to whom this Code is applicable.

This Code applies at all LBCC locations and properties, including but not limited to properties LBCC owns, teaches at, holds events or activities at, travels to or through for activities, attends and participates in events at, and/or has control over. In addition, certain rules in this policy apply anywhere a student might go at any time; specifically, when the Violence Against Women Act (VAWA) and/or any other federal laws compel the College to assert authority over student behavior at home or any other location (in the event of allegations of sexual misconduct, domestic violence, partner violence, stalking, and similar behaviors), this policy then applies to locations where those acts are alleged to have occurred if the College has any control or power over the alleged offender. Additionally, this Code shall apply off-campus during non-College-related or sponsored events and activities, when the College, in its sole discretion, determines that the alleged off-campus misconduct adversely affects the College community or the pursuit of the College’s objectives.

This Code applies to LBCC field trips and other off-campus College events or activities. See Field Trip Administrative Rule 7030-04.

3.2 Student Responsibility for Communications

Students are responsible for all communication delivered to their Linn-Benton Community College email, as outlined in Administrative Rule 5075: Electronic Communications, Data Equipment, Computer, Printing, and Media Equipment Use. LBCC email is LBCC’s official method of communication with students. The College is not responsible for email messages that are not received by the student. The College considers communication and notification to be completed when it is sent to a student’s LBCC email account. If students do not review or act on emails received, our processes will move forward. Such processes could result in the placement of registration holds, conducting hearings without student participation, and the issuance of decisions and sanctions regarding alleged student behavior.

3.3 Additional Points of Potential Responsibility  

Some students may have multiple points of accountability outside of this Code. For example, students may have a scholarship or participate in a College program that holds students accountable for their behavior within their own programmatic guidelines. Students may be going through a concurrent legal process. Students with other affiliations, including but not limited to student organization membership, student employment, academic programs, athletics, or visa status may be subject to processes or standards in addition to this Code.

3.4 Reporting

LBCC uses an online reporting system to receive notification of behaviors and inappropriate acting out. Any student, guest, or employee may report a behavior, incident or concern via our Report a Concern website at https://linnbenton.edu/report-it.

Emergency Reporting:  Call LBCC Public Safety, 541-926-6855 or 541-917-4440.

For 911 emergency resources (police, fire, or ambulance) call 911 first.  

Non-Emergency Reporting: Non-emergency reports should be at the appropriate link on LBCC’s Report a Concern website. It is critical that the College receive a complete statement in writing of what happened for us to engage in appropriate responses. For reporting assistance, see LBCC Public Safety. Reports of incidents at any location can also be made using the LBCC mobile application and navigating to the Public Safety page within the app.

For assistance with emotional impacts, healing, and recovery, contact counseling services in the Advising Center by scheduling an appointment at https://lfforms.linnbenton.edu/Forms/advisingcenterappointment or by contacting the crisis line at (541) 917-4780 or by visitng Willamette Hall. Other outreach or questions about reporting may be directed to the Manager for Student Conduct and Retention via email at conduct@linnbenton.edu, via phone by calling 541-917-4806, or by visiting Takena Hall.

Emergency Reporting:  Call LBCC Public Safety, (541) 926-6855 or (541) 917-4440.
For 911 emergency resources (police, fire, or ambulance) Call 911 first.

Non-Emergency Reporting:
Non-emergency reports are to be written and submitted via the online reporting system. It is critical that the College receive a complete statement in writing of what happened for us to engage in appropriate responses. For reporting assistance, see LBCC Public Safety.  Reports of incidents at any location can also be made using the LBCC mobile application and navigating to the Public Safety page within the app. 

For assistance with emotional impacts, healing, and recovery, see counseling services in the Advising Center by scheduling an appointment at https://lfforms.linnbenton.edu/Forms/advisingcenterappointment or by contacting teh crisis line at (541) 917-4780.  Other outreach or questions about reporting may be directed to the Manager for Student Conduct and Retention via email at conduct@linnbenton.edu,  via phone by calling (541) 917-4806, or by visiting Takena Hall.

3.5 Violations of the Law and Concurrent Referral to Outside Authorities 

Alleged violations of federal, state and local laws may be investigated and addressed under the Code. When an alleged offense occurs over which the College has jurisdiction (as outlined in Section 3.1), the student conduct process may go forward regardless of any criminal complaint that may or may not arise from the same incident, or the status of any criminal or civil proceeding. The College reserves the right to exercise its authority of administrative suspension upon notification that a student and/or student organization is subject to a criminal investigation and/or complaint.  

If a student is in violation of federal, state, or local laws on campus or at College-sponsored activities, the College may contact local law enforcement agencies for investigation and prosecution. The College may request law enforcement to assist or to take over a misconduct investigation or matter at any time. The College reserves the right when to decide when law enforcement action has been sufficient to correct failure to meet College expectations and when the College needs to impose additional consequences to achieve that goal.

3.6 Dually-Enrolled Students and Shared Action 

Students participating in the Degree Partnership Program or in a high school dual enrollment program shall comply with conduct standards at both institutions; it is the student’s responsibility to be familiar with the policy expectations of both institutions. When a student is a dually-enrolled student with a partner institution, LBCC has a right to share all information about a misconduct accusations and meetings with the partner institution. The partner institution has a right to investigate and conduct independent conduct processes and/or a right to adopt the processes and consequences of LBCC. Conduct sanctions may be coordinated when applied at both schools. LBCC will only adopt consequences at any partner institution when fair process was given at one institution or the other.

Both institutions may each intervene in cases of misconduct, particularly when cases involve health and safety. Students found in violation of conduct codes may receive sanctions from each institution. Each institution reserve the option to decide that only one institution will process a case of misconduct. Degree Partnership Program institutions or high school authorized staff in dual-enrollment high schools may reciprocally report to LBCC on participating students when the institution has undertaken student conduct actions.

Section 4: Student Rights

Linn-Benton Community College students, as members of our learning community, have a specific set of rights. Although not all rights are enumerated in this document, it is important to note the most fundamental rights of every student:

4.1 Freedom of Inquiry and Expression

Students have a right to freedom of inquiry and expression; those rights vary depending on which location and environment a student is in at the time. To understand the free expression rights, students and guests are encouraged to review Board Policy 1055 and Administrative Rule 1055-01. [See AR 1055 for definitions of Open Public Forum, Non-Public Form, and Limited Public Forum and accompanying rights in each type of space.] In Non-Public Forum (classrooms, curricular activity locations, educational lectures or debates, and staff offices), during discussion time as identified by the instructor/staff person, students shall be free to express a point of view that differs with the information or views presented by the instructor/staff without it affecting their grades or causing other penalty, as long as the disagreement is not disruptive to the instructional or educational process. Students are responsible for learning the content and taught point of view of any course for which they have enrolled even if they disagree with the course content. Students are also responsible for learning their responsibilities under this Code.

In Open Public Forum, 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 and that do not deprive others of their rights to free expression. At the same time, members of student clubs, co-curricular groups or other expressive groups shall make clear to the academic and the larger community that their public expressions or demonstrations speak only for themselves, not for the College.

Actions by individuals or groups which deny free expression rights of others, silence a speaker, disrupt the operations of the institution, or obstruct or restrain others by physical force are subject to consequences; illegal actions cause a student/guest to be subject to arrest, charging by LBCC, and various forms of sanction. See Board Policy 1055 and Administrative Rule 1055-01 on Free Expression for more information on speech and expression at LBCC.

4.2 Freedom to Create Student Publications

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 breaking of LBCC community standards which are unrelated to expression content.

4.3 Freedom of Association Through Student Organizations

Students shall be free to organize and join associations to promote their common interests subject to the following considerations (see Student Life):

  1. The College reserves the right to not certify clubs which pose health or safety risks. If a club otherwise meets club criteria and follows appropriate processes, a club shall be certified through Student Life and the Council of Clubs. That club and its members shall then follow published LBCC club rules and guidelines.
  2. Student clubs are open to any registered LBCC student. Policies and actions of a student organization are to be decided by vote of members (and not by the College), will be determined by vote of only those persons who are Linn-Benton Community College students. Some actions of organizations will require College approval. [If the club is an affiliate member of an external organization, the College may permit the club to follow the larger organization’s membership requirements.]
  3. Each organization shall be free to select its own Linn-Benton Community College advisor, with consent of that person’s supervisor. Advisors must be either contracted faculty or staff currently employed by LBCC. LBCC staff serve the College community as compensated employees when they accept the responsibility to advise and consult with student organizations to provide guidance to the group on College procedure and policy. Advising is an assigned duty, with consent of the advisor assigned. Advisors are required to complete training on applicable College policies and procedures.
  4. Student organizations shall be required to submit a statement of purpose, criteria for membership (if limited), rules of procedures, a current list of officers and a certified number of active members as a condition of institutional recognition on specific dates.
  5. Campus organizations, including those affiliated with an extramural organization, shall be open to all students and shall comply with the LBCC Nondiscrimination Board Policy 1015, Administrative Rule 1015-01 and 1015-02. Disability accommodations and language accommodations are available to students while participating in any LBCC activity, including clubs and co-curricular activities. Planning and services for disability accommodations is available through the Center for Accessibility Resources (CFAR) in Red Cedar Hall.

4.4 Right to Participate in Institutional Governance

Student representation on selected LBCC councils and committees and in student government roles, activities, and processes provides an opportunity for students to participate in institutional governance.

4.5 Civil Rights:  Equal Opportunity and Freedom From Harassment, Sexual Harassment, Sexual Assault, Stalking, Domestic Violence, Partner Violence,a nd Unlawful Discrimination

LBCC prohibits unlawful discrimination based on race, color, religion, ethnicity, use of native language, national origin, sex, sexual orientation, gender, gender identity, marital status, disability, veteran status, age, or any other status protected under applicable federal, state, or local laws. For further information see Board Policy 1015 in our Board Policies and Administrative Rules. Title II, Title IX (employee cases), & Section 504: Scott Rolen, Director of Human Resource Development and Support, CC-108, 541-917-4425; Title IX (student cases): Jill Childress, Manager for Student Conduct and Retention, WH-215, 541-917-4806, LBCC, Albany, Oregon. If you feel you have been discriminated against in any interaction at Linn-Benton Community College, or have been harassed by another person while at LBCC, or wish to report any concern or complaint, please navigate to this page to make a report: linnbenton.edu/report-it. This and additional information can be found at https://www.linnbenton.edu/about-lbcc/administration/policies/equal-opportunity.php. See Nondiscrimination Policy and Administrative Rule 1015-01. See Equal Opportunity.

Linn-Benton Community College is committed to providing a learning and working environment free of harassment. Students are protected from sexual harassment/sexual assault by any person at LBCC, per LBCC Board Policies, Administrative Rules, and by state and federal statutes. This applies to any gender. Harassment by an employee toward a student is strictly forbidden. “Student-to-student behavior in any location, including social media, shall be determined to be harassment when conduct based on a particular characteristic is unwelcome and so severe, pervasive, and objectively offensive that an individual is effectively denied equal access to institutional resources and opportunities.” (The College reserves the right to accept or deny a case that seems not to be primarily College-related.)

Harassment is verbal, visual or physical behavior that is so severe or pervasive and objectively offensive that the individual is effectively denied equal access to LBCC resources and opportunities. Unlawful harassment is such behavior aimed at an individual based on characteristics of any of the groups listed in Board Policy 1015. LBCC does not permit harassment and encourages students to report if they believe they have been harassed.

Students may request and shall receive reasonable accommodation for religious activities, if they make written request with sufficient notice to allow timely planning and if the College can avoid undue hardship.

4.6 Right to Report a Concern Without Fear of Retaliation

Students have a right to report a concern, complaint, or misconduct of any person (employee, student or guest) without retaliation. Students are strongly encouraged to discuss their concerns directly with the other person first, with an attempt at mutual resolution, as long as they can do so safely. When resolution does not occur, reports and requests for assistance are to be submitted either to the supervisor of the individual employee or by making a report at linnbenton.edu/report-it. In the case of complaints against a College department or employee, students are strongly encouraged to seek resolution through the department manager or the supervisor prior to filing an incident report form. The College favors early resolution of disputes and encourages timely reporting.

4.7 Right to Fair Process

To ensure each student has fair treatment, the College has processes described in this rule which are a student right prior to any final adverse action. A student shall be given notice and opportunity to be heard prior to assigning any final consequence or sanction for misconduct, unless a student waives that right. However, nothing in this rule shall prevent the College from temporary exclusion or administrative actions, pending investigation.

In conduct processes, students shall have the right to tell their story or submit evidence or witnesses prior to final decision. Generally, there is no right to confront an accuser, as our process is a student behavioral intervention and not a civil or criminal code. However, when the law requires, students shall be given other rights, such as the right to question or confront their accuser or the accused (a possible right in cases of sexual assault).

In most cases, conduct claims will be resolved within 30-90 school days of submission to the Manager for Student Conduct and Retention; Title IX/VAWA claims may take up to 180 calendar days. However, the College reserves the right to postpone charges indefinitely when a student is on a leave of absence from the College and asks to return at a later date or when the student is physically unavailable to participate in a hearing. The time for process to begin will be re-set to the date of a student’s intake interview to become eligible to start school again.

4.8 Other Student Rights as Published in Local, State, or Federal Law:

Local, state, and federal laws give students other rights, including but not limited to:

  1. The right to audio-record instructor lectures (but not to record student discussion without consent. There is no right to take a photo or video-record any person in class.)
  2. Rights to privacy and rights to confidential records. (See Oregon law. See FERPA.)

Section 5: Prohibited Conduct

5.1 Behavioral Expectations

This Code exists to facilitate and maintain a healthy and safe environment for teaching, learning, and working. Procedures are intended to create equitable solutions which resolve disputes and issues with due regard for the rights of involved parties, the protection of faculty and students, and the interests of the College. The chief administrator responsible for student rights, freedoms, responsibilities and due process is the Manager for Student Conduct and Retention. Like other members of the academic community, students are expected to act in a manner consistent with these expectations. A charge of misconduct may be made against a student for violating provisions of published College regulations and policies. The following behavior is prohibited under this Code:

  1. Academic Dishonesty. Dishonesty, including but not limited to forgery; changing or misuse of College documents or records of identification; cheating, academic dishonesty, plagiarism, aiding or abetting cheating or plagiarism; knowingly furnishing false information to the College; or copying College or copyright-licensed software (see also Administrative Rule 7030-02 – Academic Integrity).
  2. Failure to Comply. Failure to comply with the reasonable directions of College personnel acting in performance of their duties, including disrupting class sufficiently to hinder instruction, disrupting office work by disruptive voice and/or physical behaviors, or failure to leave a building or specified work area when directed to do so by College personnel. Other examples: Sleeping in class, playing games in class on electronic devices that distract from learning, and/or disrupting class by a pattern of late arrival are not acceptable.
  3. Threats. Written, oral, or physical conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
  4. Harrassment.  Harassment, sexual harassment, sexual assault and unlawful discrimination, stalking, domestic or partner violence (see Administrative Rule 1015-01: Nondiscrimination, Nonharassment Statements & Procedures for definitions) or any violation of state or federal law at any location within LBCC responsibility.
  5. Disruptive or Disorderly Conduct. Students and guests are expected to show respect for the rights of all others and respect for the College community, which include showing consideration to others working or studying in areas adjacent to a conversation or disagreement. Disrupting a conversation, class or service by yelling or swearing at individuals is not permitted. If disruptive behavior continues after requests to modify behavior, an employee may request a student leave a space and return another day or may report the individual for disruption and for lack of respect, incivility, and/or failure to follow directions.
  6. Harm or Endangerment. Conduct that causes physical harm or endangers the health or safety of another, including physical harassment, battery, or assault; also includes individual physical abuse on College property or at College-sponsored or supervised functions. . No person shall leave any child or mentally or physically impaired person unattended in a motor vehicle or otherwise create danger to the life or safety of another person. Interference by touching, force or by violence (or by threat of the same) 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.  Behavior that is likely to cause serious harm to the College or its reputation. [This rule does not apply to behavior that is protected speech or free expression]. 
  7. Hazing.  Conduct which endangers or jeopardizes the mental or physical health or safety of a student or other College community member, or which damages, destroys, or removes public or private property, for the purpose of initiation, admission into, affiliation with, advancement within, or general member participation in a group, organization, social or academic program, regardless as to whether or not the actions are sanctioned or approved by the organization, or continued membership or standing is contingent upon participation. This includes, but is not limited to, all violations of applicable hazing laws. The express or implied consent of the person subject to the hazing does not relieve an individual or group from responsibility for violating the Code. Apathy or acquiescence in the presence of hazing are not neutral acts but are violations of this rule.
  8. Animals.  Bringing animals into classrooms and College buildings except for service animals or an Emotional Support Animal (ESA) as approved in writing by CFAR (Center for Accessibility Resources). Other animals which are approved in writing by a faculty member, manager, Public Safety, or Human Resources as necessary for student learning may be permitted in some classes or locations for a time limited to the instructional need, if no undue burden is created. (See CFAR’s page “Service and Emotional Support Animals” on our website.)
    1. Students should not ask to pet or attempt to approach, engage with, or pet a service animal or ESA; these are working animals, not pets. Do not ask permission to pet them.
    2. At no time may any person leave any animal in a car unattended.
  9. Theft.  Unauthorized taking of property of another or the College, including goods, services, and other valuables, or knowingly taking or maintaining possession of stolen property.
  10. Damage or Destruction. Intentional damage to property of the College or of property of a member of the College community, including visitors, students or employees.
  11. Misuse of Computing Resources. 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. Violation of the electronic use guidelines, published online is also not permitted. Using LBCC computer resources and/or networks to send threatening or harassing messages or view pornographic materials is forbidden. See Electronic Use Policy.
  12. Unauthorized Recording/Electronics Use. Cell phones are not permitted in bathrooms or locker rooms. Cell phone use in a class is expressly prohibited without express instructor permission, except for emergency responders (police/fire) or in an instance where a phone is being used to record a lecture following the parameters in Section 4.8 of this Code. Using a cell phone, social media, or Wi-Fi to violate another person’s rights is prohibited. Invasion of another person’s reasonable right to privacy and/or distribution by any means, including the unauthorized use of snooping or recording devices on campus or at College-sponsored activities or other invasion and/or distribution via social media.
  13. Unauthorized Access or Use. Misuse of access privileges to any premises or unauthorized entry to our use of property or physical or virtual space, including trespassing, hacking, propping doors or windows, or providing unauthorized access. Misuse of LBCC-related access privileges, including unauthorized possession, duplication, sharing or use of means of access to any university building or property. Failure or refusal to vacate. Unauthorized use of College supplies or equipment. Unauthorized entry to, or use of, the College campus and its facilities or disobedience of a notice against trespass.
  14. Falsification.  False representation of the College for any financial gain or contracting in the name of the College; false statements of alleged fact about College personnel (or students, in rare situations) which pose a serious likely or potential harm to reputation, privacy, or similar interests. [*Note: The College will rarely accept reports of misconduct that are solely reports of defamation (slander or libel) from one student to another. We encourage individuals to use the civil courts to resolve these private matters.] Furnishing false information to the College with the intent to deceive the College or any person or agency.
  15. Gambling.  Gambling, except as expressly permitted by law and the College.
  16. Alcohol.  Unlawful use, possession or distribution of alcoholic beverages. Public intoxication, possession or use while on College property or at events except as expressly permitted by College policies. Disruptive behavior or other Code violations due to alcohol intoxication.
  17. Drugs.  Unlawful possession or distribution of unlawful drugs, or narcotics to those for whom they are not prescribed, except as expressly permitted by College policy. The unlawful underage use of any substance and/or the non-prescription use of a prescription substance is not permitted. Being impaired by the use of any non-prescribed substance is not permitted. Impairment shall be evidenced by inappropriate behavior.
    Students also have a right to prompt and fair processes when the College may take adverse action against a student with regard to being under the influence or impaired by a medication or illegal substance. A student may request the assistance of Public Safety and may voluntarily submit to drug testing per LBCC protocols as a means of gathering evidence to prove non-influence or non-impairment. The College will pay for such reasonable testing in investigations or disputes raised to the Manager for Student Conduct and Retention.
    Note: Some academic programs will have special admissions and program rules about substance use or abuse and may require drug-testing and 100% substance-free presence, which are related to employment standards. For such a program rule to be approved, it must be necessary, relevant to the work and safety of the people and work environment, and/or a reflection of the professional field or industry for which the student’s classes prepare the student. In such case, the program shall file a copy of their rule to the Manager and request a conversation for approval with the appropriate College authorities, explaining the necessity. When approved by management, the program will give written notice to students of the special rule prior to or at the start of classes or program (or prior to holding any student accountable to that rule). [See program rules.]
  18. Marijuana.  Marijuana possession and/or use on campus is prohibited in all locations. (Students who use marijuana or any other controlled substance for medicinal purposes under doctor supervision should consult with the Center for Accessibility Resources (CFAR) and Public Safety for additional guidance.) For more information, see the LBCC website, webpage “Student Right to Know.”
    Students also have a right to prompt and fair processes when the College may take adverse action against a student with regard to being under the influence or impaired by a medication or illegal substance. A student may request the assistance of Public Safety and may voluntarily submit to drug testing per LBCC protocols as a means of gathering evidence to prove non-influence or non-impairment. The College will pay for such reasonable testing in investigations or disputes raised to the Manager for Student Conduct and Retention.
    Note: Some academic programs will have special admissions and program rules about substance use or abuse and may require drug-testing and 100% substance-free presence, which are related to employment standards. For such a program rule to be approved, it must be necessary, relevant to the work and safety of the people and work environment, and/or a reflection of the professional field or industry for which the student’s classes prepare the student. In such case, the program shall file a copy of their rule to the Manager and request a conversation for approval with the appropriate College authorities, explaining the necessity. When approved by management, the program will give written notice to students of the special rule prior to or at the start of classes or program (or prior to holding any student accountable to that rule). [See program rules.]
  19. Weapons.  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.
  20. Smoking and Tobacco Use. Smoking, vaping, chewing tobacco, or the use of other inhalants or tobacco products in any unauthorized location or by any person under the age of 21. Authorized locations are the smoking/vaping shelters only. Any attempts to purchase or distribute smoking or inhalant products that are unlawful (example, distribution to persons under 21). See Administrative Rule 5045-02.
  21. Retaliation.  Students and guests are prohibited from retaliating against another person for any role that person may have played in an inquiry into alleged misconduct, threats, or community standards. Retaliation consists of bad acts aimed at another person due to the perception that person harmed you. Students should take great care in how they share about a misconduct incident to ensure they do not motivate someone to commit retaliation on their behalf. If a student is accused of retaliation, a new conduct process will begin.
  22. Other College Policies. Not following other College or program rules. For example, healthcare programs require students to follow strict health care patient privacy laws. Failure to do so is grounds for removal from the program and possible suspension from LBCC. Some programs require a specific uniform and/or safety gear be worn at specific or all times; not meeting these standards is an example of not following directions and rules, and may have consequences.
  23. Unlawful Behavior. Engaging in conduct that is prohibited by local, state or federal laws.

Section 6: Administrative Hearing Process

When the College receives a complaint or report against a student accusing the student of violating the Code, LBCC will follow the processes set out below to achieve appropriate learning outcomes and to ensure that the student who is charged is given notice of the allegations and opportunity to be heard before any final decision or consequence that has an adverse or negative impact on the student.

6.1 Reporting an Alleged Violation

Any individual may submit information of an alleged violation of the Code at this link: linnbenton.edu/report-it.  A report should contain:

  1. Name and contact information of reporter. While anonymous reports are accepted, they may limit the College’s ability to investigate.
  2. Name of person or group accused with all known details of event, as per questions in the online reporting system; names of witnesses and others impacted, if known. [Reports will be considered on their face for whether they make out a community standard violation. A report must be complete or may be dismissed as insufficient.]
  3. We encourage timely reporting for best investigation, educational process, and outcome.

6.2 Initial Review and Assessment of Report

Upon receipt of a report, the Manager for Student Conduct and Retention (“Manager”) or designee will review the report to determine if there is a reasonable basis to believe the Student Rights, Responsibilities, and Conduct Code has been violated. The Manager then will make a decision whether or not to investigate further.

  1. In any instance where the reported conduct, even if substantiated, would likely not violate the Code, the Manager may choose to close the report and/or address through other College processes as appropriate.
  2. In any instance where the reported conduct, if substantiated, may constitute a violation of the Code, the Manager will evaluate the level of possible wrongdoing and determine what level of investigation and action are next appropriate:
    1. whether the behavior is minor and can be handled informally by alternative resolution options, including coaching, conversation, teaching or other informal learning methods. The College may use creative informal processes designed to teach, so long as no student right is violated (see Section 7.1); or
    2. whether the behavior warrants a formal charge or further investigation; and
    3. The Manager may consider prior reports to inform the decision whether and how to proceed.

Additionally, the Manager maintains the discretion to determine if the College will not act on alleged violations based on available resources, institutional needs, and priorities.

6.3 Interim Action

  1. In serious cases, such as when a student or student organization represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, or to preserve College property and/or to prevent disruption of, or interference with, the normal operations of the College, the Manager for Student Conduct and Retention or designee may impose one or more interim actions.
  2. Interim actions include, but are not limited to, (a) administrative suspension, (b) exclusion from campus properties and/or virtual environments (with or without an ability to participate via distance education methods in classes during exclusion), (c) restricted participation in a College-sponsored program or activity, or (d) a No Contact Directive pending investigation for the days necessary to complete a timely investigation, per this rule.
  3. In cases of immediate threat to health and safety, the Director of Public Safety or designee may issue a temporary exclusion to secure the health and safety of campus and, if the excluded person is a student, refer the matter to the Manager for Student Conduct and Retention to initiate a process under this Code. The Director of Public Safety and the Manager for Student Conduct and Retention will work cooperatively to determine risk and next steps under this Code.
  4. Where appropriate in serious cases, the Manager for Student Conduct and Retention and/or the Director of Safety and Loss Prevention will warn a student or students who may be in danger and/or will design mitigation to stop further harm from occurring. The College will work with both parties to mitigate negative impacts.
  5. At the time interim action is taken, the student or student organization will be informed in writing about the action(s) being taken and the reasons for the action(s). As soon as is reasonable after an interim action is taken, in most cases within three (3) days, the Manager or designee will provide the student the opportunity to address the action(s) taken with appropriate College personnel, and any additional information via a preliminary meeting or through written communication. In instances where a Responding Party fails to attend a scheduled meeting, respond to a meeting request, or participate in the conduct process, the interim actions will remain in effect until a conduct conference is held and a final determination can be made.
  6. Based on the information received, the Manager or designee will make a determination to maintain the action pending the outcome of a disciplinary process, modify the action, or revoke the action. This outcome will be communicated to the student or student organization in writing within 24 hours of the preliminary meeting taking place.

6.4 Notice of Allegations and Meeting

 In all cases that proceed to a conduct meeting, a student or student organization will receive written notice describing the allegations against the student or student organization prior to a meeting to decide whether wrongdoing occurred and appropriate learning consequences. The meeting notice will include:

  1. The list of the section(s) of the Code the Responding Party allegedly violated (“charges”);
  2. a summary of the report filed alleging misconduct, including the approximate date, time, and location of the alleged behavior;
  3. a date and time for the meeting or directions on how to call to schedule a meeting; Meetings shall occur typically within 2-21 days of meeting notice;
  4. the range of possible sanctions; and
  5. a reference to this Code and these student rights and processes.

 

The date of the notice of investigation or notice of charges shall be the “beginning date” for running a time clock on a case. A case shall be completed from “Notice to Sanctioning” in 90 days in most instances; in an emergency instance or complex investigation, the College shall have 180 days to complete an investigation, meeting, decision, and sanctioning. The College may delay a matter when a student is absent for an extended leave from LBCC until the student returns, restarting the time for the 90-day or 180-day process.

A student may seek legal advice. Attorneys may not speak for the student/student organization and may be excluded from the meeting if disruptive to the conduct process (see expectations of advisors in Section 6.6). This is not a court or criminal process. The student/student organization does not have a right to know the names of accusers nor a right to face the accuser directly, nor a right to a copy or access to all evidence, in most cases. [There may be a possible exception in the cases of sexual assault, rape, or similar misconduct.]

6.5 Conduct Meeting and Investigation

The Responding Party may choose to participate in a conduct meeting by personally attending or by submitting a written statement. At a meeting (in person, via telephone, or via online) to evaluate behavior, the Manager will review the alleged violations and known information, and the Responding Party will have an opportunity to share their perspective of the matter.

The Responding Party will be permitted to submit evidence or bring witnesses to provide additional information related to the matter, if applicable. By request during a meeting or interactive process, the College will grant the Responding Party a seven (7) day extension to submit other evidence. The College may determine what evidence it will accept in writing, by video, or other formats and when a witness must appear in person. The College is under no obligation to consider evidence submitted past the seven (7) day extension.

A Responding Party may choose to not participate in a conduct meeting. In instances where they choose not to participate in or fail to attend the meeting, the Manager or designee may render a decision in the Responding Party’s absence based on evidence available and best professional judgment. Students/student organizations are strongly encouraged to participate in all stages of the student conduct process.

6.6 Advisors

The Responding Party may bring one Advisor, or support person, to the meeting, but that person may not speak on behalf of the student/student organization. The only person not permitted to serve in an Advisor role is someone who is a party to the case. Advisors who disrupt the meeting or otherwise impede the process will be dismissed. If the student brings an LBCC employee as the support person, that employee shall be under strict confidentiality restrictions and shall not discuss any information gained in the meeting with any person other than the accused student, barring compliance with federal and state laws (not even with the investigator outside of the meeting).  

6.7 Accessibility

The College is committed to making the student conduct process accessible to all students. Students unable to participate in person may request arrangements to participate in other ways (including by providing written statements, through telephonic or online means, etc.). Students with disabilities have the right to reasonable accommodation and can request support for those with the Center for Accessibility Resources (CFAR); more information is available on CFAR’s website at https://www.linnbenton.edu/student-services/accessibility/index.php.

Students/student organizations accused in a student conduct process may choose to prepare in advance for their conduct meeting. In addition to making any requests for reasonable accommodations necessary, a Responding Party is permitted to meet with a staff member to ask questions about the conduct process, and/or identify (in relevant cases) if they can bring or suggest witnesses and the process to do so.

A Responding Party is also permitted to review collected evidence during a mutually agreed-upon time before the hearing. This review period is provided at least 24 hours, but not more than 72 hours, before the hearing. The Responding Party is welcome to bring an Advisor with them at any step in the student conduct process, as long as they follow the expectations identified in Section 6.6. Students who may have other factors that could impact their ability to participate in the student conduct process should contact the Manager for Student Conduct at least 3 business days prior to a meeting at conduct@linnbenton.edu to make a request, which will then be reviewed by the Manager or designee. The College’s ability to meet requests may be limited without enough advance notice.  

6.8 Standard of Proof

The Manager or designee will review all information submitted and make a decision whether a violation occurred. The College will use a preponderance of the evidence standard when making determinations about whether a student/student organization is or is not responsible for violations of the Code. A preponderance standard of evidence means that a violation of this Code is based on a determination that the prohibited behavior was more likely than not to have occurred. The Manager will inform the student/student organization when to expect a decision.

6.9 Finding and Notice of Decision

Once all evidence is gathered and reviewed, the Manager or designee will render an outcome. The Manager will either:

  1. Dismiss the case after deciding there was no violation of the Code (“not responsible”) and/or after appropriate alternative resolution is made (see Section 7.1); or
  2. Decide the finding of wrongdoing; and, if found responsible, assign appropriate consequences.
  3. In some instances, the Manager or designee may reach a finding of no determination, in which case no sanctions are assigned and the student conduct process concludes.

The Manager will notify the Responding Party in writing of the decision and consequences, if any. When the College shares the outcome/decision with the Responding Party (and Complainant, where appropriate), the Notice of Decision will include the following:

  • The decision and consequences, including rationale for the findings of responsible or not responsible.
  • The right to appeal, if available;
  • How to appeal; and
  • The time for appeal (within 15 days of the date of the Notice of Decision and sanction).

Section 7: Other Resolution Processes

7.1 Alternative Resolution 

Where the behavior is of low impact and a first occurrence, the  Manager may resolve the matter by teaching, coaching or the use of other means which have the impact of helping the student learn to act within community standards. In these instances, the matter will be considered resolved informally without charges. The Manager will note in the file whether there was or was not an actual finding or admission of wrongdoing. Additionally, some matters may be better managed through mediation, through conflict resolution or through remedies put in place by the Manager for Student Conduct or designee. In cases where remedies may restrict or limit a student’s right to education (e.g. removal from a class), the student/student organization will always be afforded due process as described in this Code. If students/student organizations are unwilling to comply with or complete any remedy, the case may be forwarded for further conduct action.

Examples of alternative resolution options or remedies may include but are not limited to:

Educational meetings or interventions. This may include individual, group or organization-wide training or meetings to address a behavioral issue or concern.
Warnings, oral or written. Identifies the problematic behavior, a statement of what policy the behavior violates, and a directive to not participate in such behavior in the future.
Behavior expectations documents. A document that outlines specific behaviors that have been problematic, expected behaviors moving forward, resources for a student to get support for behavioral concerns, and an explicit statement that failure to abide by the expectations outlined in the document may lead to an initiation of the student conduct process and additional sanctions under this Code.
Mutual No Contact Directives. A directive that describes the set of expectations given between two or more parties to not contact or communicate with each other, including directly, through third parties, or online. No Contact Directives are usually reciprocal and generally cannot be lifted without the express consent of all named parties.
Resolution agreement. A document that is generally developed between the Manager or designee, the Responding Party, and, if applicable, any impacted parties, to outline actions the Responding Party must take in order to effectively respond to and take corrective action regarding a complaint. This agreement will be the documentation of record for mediation, conflict resolution, or other alternative dispute resolution methods under this Code.
Conduct holds. Conduct holds may be placed on a student’s account and will not be lifted until a student meets requirements for the hold to be lifted. Such a hold would prevent a student from dropping or adding classes. A conduct hold may be put in place to require compliance with sanctions or to have the student respond to notice of a required meeting with a staff member in the conduct process.
Access modifications. A directive that describes modifications to a student’s access to campus properties or events.

7.2 Academic Misconduct Resolution

 Academic misconduct is prohibited under this Code. Academic integrity matters are generally first resolved at the faculty level between the faculty member and the student, and the faculty may impose a grade penalty for part or all of the assignment or for the course. Please see AR 7030-02 Academic Integrity and Honesty for policy and process expectations. The College will maintain a record of academic misconduct cases reported by faculty to the Manager for Student Conduct.

Generally, the College will not take additional disciplinary action for first-time, non-egregious cases of academic misconduct. However, the College may initiate a conduct process in instances of repeated or severe cases of misconduct, in instances of alleged misconduct that are discovered that occurred more than two terms prior, or in other instances with aggravating circumstances. In these instances, individuals found responsible for violating the Code may be subject to additional Sanctions as outlined in Section 8 of this Code.

7.3 Sexual Misconduct and Non-Discrimination Investigation and Resolution 

Sexual misconduct, including sexual harassment and sexual assault, domestic violence, dating violence, and stalking, as well as unlawful discrimination are prohibited under this Code. Please see AR 1015-01 for additional policy expectations and the procedure for related misconduct complaints.

Section 8: Outcomes and Sanctions

8.1 Sanctions

LBCC utilizes an educational and restorative sanctioning model. The sanctions applied will be proportionate with the violation committed and become progressively more severe if the student/student organization repeats violations, or otherwise demonstrates that learning has not taken place. Multiple or ongoing violations may, therefore, result in severe sanctions such as deferred suspension, suspension, or expulsion. Violations that negatively affect the health, safety and wellbeing of the College community are deemed the most severe and may result, upon the first violation, in suspension, expulsion, or loss of recognition.

The conduct officer may select from a wide range of consequences to create learning and to create a safe learning community.  Students or student organizations exhibiting behavior that violates any part of the Code may be subject to one or more of the following:

  1. Warning: Official notice to a student exhibiting behavior that violates any part of the Code that said conduct violates this Code and that continued violations of this Code may result in further conduct action.
  2. Disciplinary Probation: Placement on probationary status during which there is a review of behavior and the student must demonstrate compliance with the Code. Terms of the conduct probation will be determined at the time the probation is imposed and may include additional sanctions. Disciplinary probation means that the student is not in good disciplinary standing with the College, and any further violations may result in the student’s suspension or expulsion from the College.
  3. Behavioral Contract: A behavioral contract allows students to remain in school if they follow expectations under the Code. Violations of a behavioral contract will be cause for more serious disciplinary action.
  4. Coaching or Teaching (informal or formal): This method is used to teach students to act consistent with College expectations.
  5. Restitution or Community Service: Restitution, and/or community service to the College, community, or a local non-profit are forms of restorative justice designed to help the student to learn to live successfully in a community. When assigning restitution, the conduct officer will consider the student’s ability to pay and the actual cost of harm to the College or injured party. Restitution will be not more than estimated costs or damages. Restitution will be not more than the estimated financial loss. Community services hours worked will be valued at minimum wage and not exceed estimated cost of harm.
  6. Required Educational Activities: The conduct officer may impose additional or other educational activities, including but not limited to reading/writing assignments, reflection papers, workshops, training or other educational activities, attending meetings, or peer consultation.
  7. Loss of Privileges: A student or student organization is denied specified privileges of being a student/student organization for a designated period of time.
  8. Degree Revocation: A degree awarded by the College may be revoked for fraud, misrepresentation, or other violation of university standards in obtaining the degree, or for other serious conduct violations committed by a student prior to graduation.
  9. Academic Sanctions: Students whose behavior is found to constitute academic misconduct are subject to additional academic sanctions, which may include, but are not limited to, failing the course, restriction from course withdrawal, grade replacement provisions, holding transcripts, or removal from an academic course, department, or program.
  10. Suspension: The Manager may suspend a student or student organization for a fixed period of time up to an academic year. Suspension may also be accompanied by a requirement to meet “conditions of return.” Suspension means imposition of one or more of the following penalties:
    1. ban from entering LBCC campus, properties or event locations for more than a week;
    2. removal/ban from an academic program or class/classes for more than a week;
    3. removal/ban from other learning events and/or activities for more than a week;
    4. loss of campus or LBCC job; and
    5. being “no trespassed” from LBCC.

Students shall be required to meet with the Manager prior to being allowed to enroll at the College after the suspension period has expired. Student organizations must comply with all sanctions prior to being registered or recognized again.

  1. Expulsion: Termination of student status with a ban on future return. Expulsion will be a recommendation of the Manager or designee and will be reviewed by both the Vice President of Academic and Student Affairs and the President of LBCC before notice of expulsion is delivered to the student.
  2. Loss of Recognition (Student Organizations): Permanent revocation of College recognition of a student organization. The conditions of recognition revocation take effect immediately when the student organization is informed of the decision. If an appeal is filed, the imposition of the loss of recognition continues to be in effect pending the outcome of the appeal.
  3. Temporary Exclusion: LBCC faculty, deans, managers, or Public Safety Officers may temporarily dismiss a student from a class when a student disrupts class, instruction, or services sufficiently to hinder effective instruction/services or poses a likely threat to the health and safety of others for up to two class meetings or three days (excluding the weekend), or the reasonable time necessary to initiate student conduct proceedings and until the student has met with the Manager or designee and is given permission to return. The Director of Public Safety, Manager, or designee shall have the authority to order a temporary exclusion from all properties for not more than three days, pending a hearing/meeting (see Section 6.3 Interim Action). If an LBCC faculty, dean, or manager dismisses a student from a class, they will submit a written report as soon as possible after the class concludes to initiate student conduct proceedings under this Code.
  4. No Trespass Order: A student who is temporarily or permanently separated from campus, through interim action, suspension, or expulsion, may be issued a no trespass order excluding them from all LBCC property.
  5. Conditions for Returning to Campus: When a student is temporarily excluded for a specific location and time, the College may establish specific conditions of return. Conditions of return are designed to require the student to engage in learning activities to prepare to effectively re-enter our College community. The conditions will be set out in a list. The student is responsible for proving that all of the conditions for return are satisfied to the level necessary to persuade the Manager and a second College employee that the student is ready to learn and able and willing to cooperate with community standards.

8.2 Failure to Comply with Sanctions or Outcomes

Students/student organizations who fail to complete sanctions are considered not in good disciplinary standing with the College. Any sanctions will be tracked by the Manager or designee until completion. Failure to satisfactorily complete sanctions as assigned will likely result in a registration hold that will prevent a student’s registration-related actions until conditions of sanctions are met. Further, if a student/student organization does not complete or comply with conduct sanctions or outcomes, the student/student organization may be held accountable for additional violations of this Code. Failure to comply with sanctions or outcomes is a failure to follow directions of the conduct officer. In cases of active obstruction of the College accountability process, the behavior may give rise to new allegations and the conduct officer may initiate an additional conduct process.

Section 9: Appeals

9.1 Overview

The student or student organization charged and found responsible for violating the Code has the right to one appeal per decision. The purpose of an appeal is not to serve as a second hearing for the case, but rather a review of information to assess if the process provided met the standards of this Code.

9.2 Grounds for Appeal

 The request for an appeal must include specific justification on at least one of the grounds listed below:

  1. A procedural error, by action or omission, that is not in accordance with the procedures outlined in or referenced by this Code, or was fundamentally unfair and which substantially impacted the outcome;
  2. New evidence exists that was unavailable at the time of the original hearing that could substantially impact the original finding or sanction (a summary of this new evidence and its potential impact must be included); failure to participate or otherwise present available information in the original hearing does not constitute new evidence; or
  3. The sanctions imposed are substantially disproportionate given the context and severity of the violation.

If other routes of appeal are available in a unique situation, they are set out in that section of this rule.

9.3 Submitting an Appeal

All student conduct process appeals must be submitted electronically at the link included in a Responding Party’s decision letter to appeal to the Vice President for Academic and Student Affairs or designee. Appeals must be submitted within fifteen (15) calendar days of the notice of conduct decision and must include a student’s name, contact information, and at least one of the specific listed grounds for appeal. Appeals that are not submitted within fifteen (15) calendar days, that do not list specific grounds, or that do not fall under one of the listed grounds will not be considered.

9.4 Appellate Authority

Appeals are reviewed by the following parties:

  • Conduct Meeting Outcomes: The Vice President for Academic and Student Affairs or designee may consider the appeal or assign the appeal to a designee (a fair and objective individual or panel). The Vice President may review only the documents submitted or may request either a separate or a joint meeting of the conduct officer and the accused student to hear assertions on the original process and complaint. If a meeting is held, it will be scheduled within twenty-one (21) days of receipt of the complaint. The Vice President will not re-investigate, gather new evidence, impose alternate consequence, nor substitute their judgment for the judgment of the original decider, but will address a flawed process of decision-making that resulted in a denial of a student’s rights.
  • Grade Appeals & Appeals of Academic Integrity (or Dishonesty) Decisions*:  When there is a dispute between a student and an instructor concerning the appropriateness of a grading decision, the student may appeal within one term of the grade’s posting. Grade appeals begin by the student talking to the instructor of the course, then progress to the Academic Dean, initiated by email. 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 dean/director by providing a written statement of the facts by email to the Academic Dean.

The 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/Director. The standard of review will be whether appropriate grading processes were followed and accurate mathematical calculations applied. The decision of the Academic Dean or Director shall be final and shall be forwarded to the instructor and student within 30 days upon receipt of the appeal by the Dean/Director. This decision is then final and not subject to further appeal.

*Appeals of academic dishonesty acts which result in grade consequences are processed as grade appeals. Appeals of academic dishonesty cases that result in Code-level sanctions are appealed through the “Conduct Meeting Appeals” process.

  • Sexual Misconduct and Non-Discrimination Outcome Appeals: Appeals related to processes outlined in AR 1015-01 can be appealed to the Title IX Coordinator by submitting an appeal form at the link included in the Notice of Outcome letter within fifteen (15) calendar days of the delivery of the Notice of Outcome. The appeal will be forwarded by the Title IX Coordinator to an Appeal Officer or Appellate Body who has not been involved with the process. For more information about the appeals process related to Sexual Misconduct and Non-Discrimination outcomes, please refer to LBCC Procedures for Title IX

9.5 Conflict of Interest and Correction of Errors

To avoid real or perceived conflicts of interest, an Appeal Officer will not be designated to anyone who served as a hearing officer or was otherwise involved in the determination or findings of a case. In any instance where the College becomes aware of a significant error in the student conduct process, the College will independently take action to remedy the matter via a corrected decision or additional process, even if the error is found outside of the appeal window or a previous decision on the appeal has already been made.

9.6 Appeal Outcomes

A final written determination on the student’s/student organization’s student conduct appeal will be issued to the student/student organization within forty-five (45) days of receipt of the notice of appeal. The decision of the Vice President for Academic and Student Affairs or designee is final. The appellate officer has the authority to:

  1. Sustain the original decision, including the sanctions imposed.
  2. Remand (send back) the case to the appropriate hearing body for further consideration.
  3. Alter the sanction imposed by replacing, or reducing or increasing the severity of the sanction(s).
  4. Reverse part or all of the original decision and resolve the case with no additional action.

Section 10: Records

All reported violations include the creation of a conduct record. Records may include but are not limited to incident reports, evidence, notifications of allegation, notifications of decision or outcome, and related documentation or correspondence. Records will be kept a minimum of seven (7) years after resolution of the complaint. In the case of expulsion, records will be permanently maintained. More information about educational records may be found in Administrative Rule 7040-01: Student Records and Disclosure of Student Records Information.

Students are afforded the right to review and inspect their conduct records in accordance with the Family Educational Rights and Privacy Act (FERPA) but may not retain copies of any incident reports, witness statements, or evidence. Students have the right to add a note to their conduct records should they so choose, and can do so by written request to the Manager for Student Conduct and Retention. Students wishing to review their records must do so with a staff member present and must make an appointment in advance. As students are not entitled to review other students’ records, any information included in a student’s conduct record about another student will be redacted before the student reviews the document.

Section 11: Other Grievance Procedures

11.1 Alleging the College is Not Following 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 breaking or violating its own rules, policies or procedures.

A student complaint concerning a College rule, policy or procedure shall be made in writing and submitted at the appropriate link at linnbenton.edu/report-it within 30 calendar days of the occurrence or the last incident or act of a series of occurrences. The complaint shall contain the following information:

  1. The student's name;
  2. A description of what has been happening, what was said, and what was done that the student believes in wrongful conduct by the College;
  3. A citation to the specific policy or rule(s) being broken;
  4. Any additional information or evidence which explains the nature of the complaint together with all documents, policies, procedures and related material that may be necessary for College review of the complaint.
    1. Upon receipt of the complaint, the Manager or designee shall schedule a meeting or begin an interactive process with the student complainant. The Manager may investigate as necessary. Through interaction with the student, the Manager shall attempt a resolution of the complaint. In the event that the resolution proposed by the Manager is not acceptable to the student, the student may make an appeal to the Vice President of the division most involved in the complaint or resolution (by the Manager’s determination). The Manager is empowered to order such remedies as seem necessary or appropriate to resolve a College error, so long as such remedies are reasonable and within College means.
    2. There are two levels of appeal for a student after the Manager’s decision in a complaint against the College. At each level, the student wanting to appeal must submit a written request to appeal to the Manager including the following information: the student’s name, contact information, and a statement how the complaint was not fairly processed. The Manager will then assign the appeal to the Vice President of the division most involved in the complaint.

Complaints Against the College -- First Appeal:

The Vice President assigned the complaint will review the written evidence and record, may discuss the matter with the student, and will discuss the matter with the Manager before issuing a written decision. The Vice President’s standard of review at first appeal may consider the case in whole and determine whether or not the College violated its own rules or policies. The Vice President may also weigh whether the College mission or values were considered in the original actions. The Vice President is not required to re-interview witnesses or gather new evidence or to re-examine all facts. The Vice President reserves the right to appoint an alternative panel or process. Within 30 days of receiving the complaint, the Vice President or designee issues a decision on first level of appeal.

Complaints Against the College -- Last Appeal:

The decisions of the Vice President on a complaint against the College may be appealed to the Board of Education and/or their designee. The Board shall not be required to hold a hearing, but will consider the written records and review the investigation record, the processes followed, and the decisions at prior levels to ensure College processes were followed. The Board of Education may consult with the Manager or other College administrators on alternative solutions and proposals, but has final decision-making authority. The Board of Education will issue a final decision (or may send the complaint back for further work to the Manager) within 60 days of receipt of request to appeal.

 11.2 Charges of Faculty or Staff Misconduct

Students are encouraged to discuss concerns with the LBCC employee whom they are seeking to receive services from: concerns about customer service, standard of care, instruction, requests for accommodations, how their needs might be better met, or any perceived breaking of law or College policy or student rights stated in this document. When a student believes they cannot get their needs met effectively in an employee interaction, the student should request to talk to another employee (to try again) or to the first employee’s manager or supervisor. The manager will work to resolve concerns. When appropriate, the manager will forward probable violations of student rights to Human Resources for investigation and resolution. Reports should be submitted via the College’s Report a Concern website.

Faculty and staff members are subject to collective bargaining agreements and formal disciplinary rules that are beyond the scope of this document. By law, specific 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 or “last occurrence” and shall be subject to dispute resolution procedures as the appropriate manager and decision-maker may prescribe. Students may use the appropriate link at the College’s Report a Concern website to report such concerns or complaints.

11.3 Quality of Instruction Complaints & Procedures

Students are encouraged to discuss the following topics with their instructor:

  • concerns about quality of instruction,
  • requests for accommodations or modification of accommodations,
  • how the student best learns,
  • learning and teaching styles,
  • alternative perspectives on course content, or
  • other academic and learning concerns.

When a concern has been discussed with the instructor and unresolvable issues remain, the student may report their concern to the Academic Dean by email, who is the supervisor of that instructor. The Academic Dean will work to resolve concerns. When appropriate, the Academic Dean will forward probable violations of student rights, LBCC employee standards and expectations, and the law to Human Resources for investigation and resolution. For reports to Deans, use their email address. For reports to Human Resources, submit a report via the Report a Concern website. [If the issue is disability accommodations, the student should report to the Center For Accessibility Resources (CFAR) to request an accommodation modification and help with implementation and then to the Academic Dean and Manager if disability needs are not met. Instructor and student are urged to contact the Center For Accessibility Resources (CFAR) and then the Manager for assistance in modifying or implementing accommodations.]

11.4 Complaint Processes Beyond LBCC

According to LBCC Administrative Rule 1015-01, discrimination complaints may be initiated with any LBCC employee and will be forwarded to the appropriate Title IX officer for LBCC investigation. Students are encouraged to submit a detailed report of discrimination via the Report a Concern website. Students also have the right to file complaints with the State of Oregon Affirmative Action Director, the Office of Civil Rights, or to the Higher Education Coordinating Commission (HECC).

 

DATE OF ADOPTION: 05/12/83
DATE(S) OF REVISION(S): 07/21/93; 12/13/95; 1/20/99; 9/20/06;11/1/18; 6/3/21
DATE OF LAST REVIEW: 03/25/14; 11/1/18