RELATED TO POLICY SERIES NO: 7030
TITLE: STUDENT RIGHTS, RESPONSIBILITIES, AND CONDUCT CODE
PURPOSE OF COMMUNITY STANDARDS
The purpose of written community standards and the Student Rights, Responsibilities, and Conduct Code is set out in Board Policy 7030. This code exists in support of the 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 and guests accountable for their role in maintaining a learning-focused and safe environment for all. There is opportunity within this code and these standards to justly hold students and guests accountable via conversation, coaching, and teaching. In addition, discipline 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 and guests have responsibilities to fulfill on our campus, at our events, on field trips, and when representing the college. To help ensure a safer and more positive learning environment, students have the responsibility to conduct themselves in accordance with this code. After student responsibilities are described in this document, examples of not living up to those responsibilities are provided to illustrate behaviors not appropriate in our college community.
LBCC uses an online reporting system called the public “Incident Report” form to receive notification of behaviors and inappropriate acting out. Any student, guest, or employee may report a behavior, incident or concern via the Incident Report Form.
WHO IS EXPECTED TO MAINTAIN COMMUNITY STANDARDS?
This policy covers LBCC
- Students (from application to college, registration for a class, attending class, to leaving or graduating from LBCC)
- Guests (a public patron, visitor on tour, attendee of performance, or spectator at an event, for example), and
- 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 1-3 above.
WHERE DOES THIS APPLY?
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: 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.
This code applies to LBCC field trips and other off campus college events or activities. See Field Trip, Administrative Rule 7030-04.
WHO ADMINISTERS THIS CODE?
The Dean of Students 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. Questions about this code should be referred to the Dean of Students, Takena Hall, first floor, or via email to email@example.com.
EMERGENCY Reporting: Call LBCC Public Safety, (541) 926-6855 or (541) 917-4440.
For 911 Emergency Resources (police, fire, ambulance, Call 911 first!)
Or use the “LBCC Public Safety App” to report crimes at any location.
REPORTING NON-EMERGENCY CONCERNS OR COMPLAINTS via an Incident Report
Non-emergency reports are to be written and submitted via the online reporting system called the Incident Report form. 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. For assistance with emotional impacts, healing, and recovery, see counseling services in the Advising Center. Other urgent outreach may be done to the Dean of Students via the telephone by calling (541) 917-4806 or by visiting Takena Hall, Dean’s Office. Non-emergency outreach by email to firstname.lastname@example.org is also a means of seeking support.
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:
A. 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 and Administrative Rule 1055. [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 BP 1055 and AR 1055-01 on Free Expression for more information on speech and expression at LBCC.
B. 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.
C. 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):
- 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.
- 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.]
- 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.
- 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.
- 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.
D. 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.
E. CIVIL RIGHTS: EQUAL OPPORTUNITY and FREEDOM FROM HARASSMENT, SEXUAL HARASSMENT,
SEXUAL ASSAULT, STALKING, DOMESTIC VIOLENCE, PARTNER VIOLENCE, AND 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, IX, & Section 504: Scott Rolen, CC-108, (541) 917-4425; Lynne Cox, T-107B, (541) 917-4806, LBCC, Albany, Oregon. To report: linnbenton-advocate.symplicity.com/public_report See Nondiscrimination Policy and Administrative Rule 1015. 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.
F. RIGHT TO REPORT A CONCERN OR COMPLAINT 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 to the public Incident Report form. 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 a public Incident Report form. The college favors early resolution of disputes. To be timely, reports submitted must arrive within 30 days of the last incident and not later than 90 days. (The college may make an exception for just cause.)
G. 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 sanctions, 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 Dean of Students; 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.
H. 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:
- 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.)
- Rights to privacy and rights to confidential records. (See Oregon law. See FERPA.)
This rule and code exists to create, influence, 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 Dean of Students. Like other members of the academic community, students are expected to act in a manner consistent with these college community standards. A conversation or a charge of misconduct may be made against a student for violating provisions of published college regulations and policies.
STUDENT RESPONSIBILITIES -- Six Student Expectations
A. STANDARDS OF CONDUCT.
A student at Linn-Benton Community College assumes an obligation to act in a manner compatible with our educational community. In order to maintain a positive learning environment, students at Linn-Benton Community College will adhere to the following standards of conduct.
Students at Linn-Benton Community College will:
- MAINTAIN HONESTY and integrity in all work, communication and interactions;
- 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;
- 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.
- 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.
- USE COLLEGE EQUIPMENT AND FACILITIES Properly, (per their intended use), including return loaned equipment/materials timely; and
- 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;
STUDENT RESPONSIBILITIES -- Misconduct Examples
The following list offers examples of behavior which may be treated as misconduct. These examples illustrate behaviors which do not meet the Standards of Conduct A 1-6 on the previous page.
Examples of Student Misconduct
- Failure to comply with the lawful 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. [Violates A-3 and A-4]
- Physical/verbal harassment, battery, or assault that threatens or endangers health or safety of any person, or individual physical abuse on college property or at college-sponsored or supervised function or via social media. Harassment, sexual harassment, sexual assault and unlawful discrimination, stalking, domestic or partner violence, or any violation of state or federal law at any location within LBCC responsibility. 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. [Violates A-3, A-4, A-6]
- Endangering others. 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. [Violates 6]
- 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. [Violates A-3, A-4, A-6]
- 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). [Violates A-1, A-4]
- Furnishing false information to the college with the intent to deceive the college or any person or agency. [Violates A1, A-3, A-4]
- 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. [Violates A-3, A-4]
- Unauthorized entry to, or use of, the college campus and its facilities or disobedience
of a notice against trespass. [Violates A-4, A-5, A-6]
- 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 and “Animals on Campus” on our website.) [Violates A-3, A-4, A-6]
Students should not ask to pet or attempt to approach, engage or pet a service animal
or ESA; these are working animals, not pets. Do not ask permission to pet them. [A-3]
At no time may any person leave any animal in a car unattended. [A-6]
- Theft of, or intentional damage to, property of the college or of a member of the college community, such as visitors, students or employees. [A-6]
- 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. [Violates A-4, A-5, A-6] Violation of the electronic use guidelines, published online is also not permitted. See Electronic Use Policy.
- 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). Using a cell phone, social media, or WiFi to violate another person’s rights is prohibited. [Violates A-4, A-5, A-6]
- Unauthorized use of college supplies or equipment. Using LBCC computer resources and/or networks to send threatening or harassing messages or view pornographic materials is forbidden. [Violates A-4, A-5, A-6]
- 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.] [A-1]
- Gambling, except as expressly permitted by law and the college. [Violates A-4]
- Unlawful possession or distribution of alcoholic beverages, unlawful drugs, or narcotics to those for whom they are not prescribed, except as expressly permitted by college policy. The unlawful under-age 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.
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.) [violates A-4, federal law]. 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. Disagreements about whether a student is impaired shall be moderated and resolved by an assessment by Public Safety. 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 Dean of Students.
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 Dean of Students 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]
- 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; [violates A-4]
- 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. [A-4]
- 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]. [may violate A-1, A-3, A-4]
- 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.
- Not following 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. [A-4, A-6]
CONFLICT RESOLUTION & FAIR PROCESSES (Due Processes Explained)
COMPLAINTS AGAINST A STUDENT & RELATED PROCESSES
When the College receives a complaint or report against a student accusing the student of violating these standards and this code of conduct, 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. If a report is received and determined to be necessary of “no action,” the college is not required to give notice and will close that report
- Notice of Behavior: Reporting an Alleged Violation of Community Standards
Any individual may initiate an online report of misconduct. The Dean of Students receives the original online report of potential misconduct or other behavior. The Dean of Students or designee reviews the report and is “on notice.” A report must contain:
- Name and contact information of reporter; (Anonymous reports are accepted, but highly discouraged; they are difficult to investigate).
- Name of person accused or reported as person of concern 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.]
- Events must be reported within 30 days of the event or the last action in a series of events, unless the college extends the deadline for the most serious matters. Exception: In the case of alleged sexual assault, serious harassment, domestic violence, partner violence, and stalking or any other Title IX or VAWA act, the college will accept a report up to 180 days from the last act. We encourage timely reporting for best investigation and outcome.
- Initial Review by Dean of Students/Designee – Duty to Warn or Mitigate?
Upon receipt of a report, the Dean of Students or designee will review the report. Taking all claims into consideration, the Dean will ask, “If 100% of what is reported is true, does this make out a report of wrongdoing?” The Dean this makes a decision whether or not to investigate further.
- Where a report, believed in total, does not make out wrongdoing, the Dean will teach the person reporting why the behavior is permitted or why the report is not actionable.
- Where a report, believed in total, does make out a wrongdoing, the Dean will decide
the level of possible wrongdoing and decide what level of investigation and action
is next appropriate:
- Whether the behavior is minor and can be handled informally by 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; or
- Whether the behavior warrants a formal charge or further investigation; and
- The Dean may consider prior reports to inform the decision whether to proceed formally or informally.
- In serious cases, such as harassment, discrimination, assault, the Dean of Students or other manager or Public Safety Officer has the authority to exclude a student from campus properties (with or without an ability to participate via distance education methods in classes during exclusion) pending investigation for the days necessary to complete a timely investigation, per this rule.
- Where appropriate in serious cases, the Dean 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.
- Consequences/Responses -- Teaching and Means of Informal Resolution
Where the behavior is of low impact and a first occurrence, the Dean 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 Dean will note in the file whether there was or was not an actual finding or admission of wrongdoing. Students are required to participate in all conduct or threat assessment conversations, consequences, or assignments by the Dean of Students, Public Safety, or the Threat Assessment Team of the college.
- Meeting Notice and/or List of Violations of Responsibilities & Conduct Code
In all cases that proceed to formal or official action (“charging”), a student shall receive an email, letter or other written notice describing the accusations against the student prior to or a meeting to decide whether wrongdoing occurred and appropriate learning consequences (sometimes called a “charging meeting” or a “hearing.”) The meeting notice shall state the following:
- The list of rules allegedly broken (“charges”);
- A summary of the report filed alleging misconduct;
- 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;
- Possible consequences, including the best prediction of the worst consequence imposed if wrongdoing is determined;
- A reference to this rule 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. Neither the college nor the student may bring an attorney for legal representation at the meeting to discuss charges, unless there are criminal charges pending from the same incident. Attorneys may not speak for the student and may be excluded for the meeting if disruptive to the conduct process. This is not a court or criminal process. The student 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.]
- Meeting (Electronic, Email or In Person Interaction) to Determine “Facts” & Evidence
A student is required to attend a meeting or to interact electronically if so requested by the Dean of Students, Public Safety, or the Threat Assessment Team for alleged misconduct, threat assessment, or community standards purposes. Failure of a student to attend on the specific date and time of the meeting notice shall cause all rights in this process, including the right to tell what happened and the right to appeal to be given up and a decision will be made on the evidence available. The only exception to this rule shall be if the accused student submits credible evidence of a verifiable emergency which prevented the student from attending the meeting. Failure to attend a threat assessment meeting might lead to additional consequences or charges of not following directions and shall cause the college to make a decision based on evidence available and best professional judgment.
At a meeting (in person or electronic) to evaluate behavior, threats, and following community standards, the Dean of Students will give the student information about what is alleged in detail and will provide the student an opportunity to be heard and say or explain what happened. The student shall be permitted to submit evidence or bring witnesses. The student may also bring one support person to the meeting, but that person may not speak without permission of the Dean of Students or person conducting the meeting. The student may request a five (5) minute break to consult with the support person outside of the meeting. 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 (not even with the investigator outside of the meeting).
By request during a meeting or interactive process, the college will grant the student 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. The Dean of Students or designee will ultimately review all information submitted and make a decision whether a community standard violation occurred. The Dean of Students will inform the student when to expect a decision.
Once all evidence is gathered, a decision whether community standards were broken will be made. The Dean will either:
- Dismiss the case after deciding there was no violation of community standards and/or after appropriate counseling, coaching, and advising; or
- Decide the finding of wrongdoing; and
- Decide appropriate consequences.
- Decision & Consequences
The Dean of Students will notify the accused in writing (usually email to LBCC student email address) of the decision and consequences, if any. When the college shares the outcome/decision with the accused (and victim, where appropriate), the accused student will be given the following information directly or by direction to this rule:
- The decision and consequences, plus explanation if necessary.
- The right to appeal, if available;
- How to appeal to the Vice President, Student Affairs; and
- The time for appeal (within 30 days of the date of the notice of decision and sanction);
- Appeal of Decisions of Dean of Students: Student Misconduct Appeals
The student charged and found responsible for breaking community standard may appeal the decision, unless the student earlier forfeited rights to appeal. To appeal, a student submits a request to appeal to the Vice President, Student Affairs within 30 calendar days of the notice of Dean’s decision. In the appeal request, the student provides name, contact information, and a statement explaining what error occurred in the earlier process of reviewing behavior and community standards.
The Vice President 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 21 days of receipt of the complaint. The Vice President will not re-investigate, gather new evidence, impose alternate consequence, nor substitute his 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.
The standards of review will be “clear error” or “failure to provide a fair and nondiscriminatory process.” When error is found, the Vice President may decide a matter or void the earlier decision and send it back to the original decision-maker for reconsideration. If no error is found, the Vice President upholds the original decision and communicates this to the party within 30 calendar days from the original receipt of the appeal. The decision of the Vice President is final. The Vice President’s office will communicate the final decision within 15 calendar days of the meeting or within 45 days of receipt of the notice of appeal. If other routes of appeal are available in a unique situation, they are set out in that section of this rule.
Records of disciplinary proceedings shall be kept by the office of the Dean of Students. Records will be kept a minimum of five years after resolution of the complaint. In the case of expulsion, records will be permanently maintained.
LEARNING CONSEQUENCES AND DISCIPLINE
LBCC may select from a wide range of consequences to create learning and to create a safe learning community. Some consequences may be used in informal resolution and/or in findings of wrongdoing, such as those listed below, but not limited to those listed.
- Coaching, Teaching, Counseling and Warning (informal or formal). This method is used to teach students to act consistent with community standards.
- Disciplinary Probation or Behavioral Contract. Probation or a behavioral contract allows students to remain in school if they follow community standards. Violations of a behavioral contract will be cause for more serious disciplinary action.
- Fines, Restitution or Community Services. A fine, 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 a fine, the Dean will consider the student’s ability to pay and the actual cost of harm to the college or injured party. Fines will be not more than estimated costs or damages and will be not more than $300. 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.
- Suspension*. The Dean of Students may suspend a student 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:
- ban from entering LBCC campus, properties or event locations for more than a week;
- removal/ban from an academic program or class/classes for more than a week;
- removal/ban from other learning events and/or activities for more than a week;
- loss of campus or LBCC job; and
- being “no trespassed” from LBCC.
Students shall be required to meet with the Dean of Students prior to being allowed to enroll at the college after the suspension period has expired.
- Expulsion*. Termination of student status with a ban on future return. Expulsion will be a recommendation of the Dean of Students or designee and will be reviewed by both the Vice President of Student Affairs and the President of LBCC before notice of expulsion is delivered to the student.
- Other Consequences. The Dean of Students may impose additional or other consequences or requirements. The following are examples of supplemental sanctions:
(a) homework or reading/writing assignments for learning;
(b) workshops, training or other educational activities, including peer consultation;
(c) revocation of degree, holding transcripts, removal from courses;
(d) loss of privileges; or
(e) a no trespass order.
- Temporary Exclusion*. 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, an LBCC faculty member, Public Safety Officer, or manager may exclude a student from a specific LBCC location (a class or classroom, one building or a center) for up to two class meetings or three school days (not including Saturday or Sunday) and until the student has met with the Dean of Students and is given permission to return. Only a Public Safety Director, Dean of Students or their management delegee shall have the authority to order a temporary exclusion from all properties for not more than three days, pending a hearing/meeting. The employee excluding the student shall direct the student to immediately contact the office of the Dean of Students to schedule a conduct meeting. The faculty member or manager will submit a written Incident Report of the incident to the Dean of Students within one work day, 24 clock hours, Monday-Friday.
- 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 Dean of Students and a second college employee that the student is ready to learn and able and willing to cooperate with community standards.
- Referral to Outside Authorities. 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 community standards and when the college needs to impose additional consequences to achieve that goal.
- Dually-Enrolled Students and Shared Action. When the Dean of Students is aware that a student is a dually-enrolled student with a partner institution (i.e., OSU, high schools, OIT) 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. The reciprocal is also true. LBCC will only adopt consequences at any partner institution when fair process was given at one institution or the other.
Failure to Fulfill Consequences or Behavioral Contract
If a student does not complete misconduct consequences, the student can be held accountable for new misconduct. Failure to complete consequences is a failure to follow directions of the conduct officer. The conduct officer may address such a situation after notice of failure to complete consequences to the student, with at least three (3) days to respond in writing, and may add consequences relevant to the original misconduct and consequences for failure to follow directions.
OTHER COMPLAINTS & CONCERNS – STUDENT COMPLAINTS
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 to the Dean of Students 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:
- The student's name;
- A description of what has been happening, what was said, and what was done that the student believes in wrongful conduct by the College;
- A citation to the specific policy or rule(s) being broken;
- 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.
- Upon receipt of the complaint, the Dean of Students or designee shall schedule a meeting or begin an interactive process with the student complainant. The Dean may investigate as necessary. Through interaction with the student, the Dean of Students shall attempt a resolution of the complaint. In the event that the resolution proposed by the Dean 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 Dean of Student’s determination). The Dean of Students 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.
- There are two levels of appeal for a student after the Dean’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 office of the Dean of Students including the following information: the student’s name, contact information, and a statement how the complaint was not fairly processed. The office of Dean of Students 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 Dean of Students 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 Dean of Students 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 Dean of Students) within 60 days of receipt of request to appeal.
COMPLAINTS REGARDING EMPLOYEE PERFORMANCE
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 Incident Report form.
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 Incident Report form to report such concerns or complaints.
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.
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, use the Incident Report form. [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 Dean of Students if disability needs are not met. Instructor and student are urged to contact the Center For Accessibility Resources (CFAR) and then the Dean of Students for assistance in modifying or implementing accommodations.]
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 through the Incident Report form. 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
DATE OF LAST REVIEW: 03/25/14; 11/1/18