Policy Name: Student Conduct and Disciplinary Procedures (“The Code”)
Responsibility for Maintenance: Student Development, Campus Safety & Security
Date of most recent changes: June 18, 2013
I. Policy Statement
Students are expected to comply with all policies, procedures, rules, regulations and directives of Onondaga Community College and/or its related entities, including but not limited to those policies set forth in the College’s Centralized Policy Manual, the College’s Student Handbook, the College Catalog and the Residence Life Keys to Residence Hall Living Handbook. Failure to comply with these requirements may result in disciplinary action, up to and including dismissal from the College. All students are held accountable for their actions and therefore students as well as OCC employees and affiliates are to cooperate fully with the disciplinary process.
II. Reason for Policy
Through the disciplinary process, students learn the importance of accepting personal responsibility for behavior that violates community standards. Procedures used to enforce standards contribute to teaching appropriate individual and group behaviors as well as protecting the rights of individuals and the campus community from disruption and/or harm.
III. Applicability of the Policy
All members of the College community should be familiar with this policy. This policy shall govern the conduct of students in or on College facilities. This policy shall also apply to conduct in other locations that adversely affect one of more members of the College community and/or the pursuit of the College’s objectives. Each student shall be responsible for his/her conduct from the time of initial enrollment through the actual awarding of a degree. Students will be held accountable for any violation of the Student Code that occurs at any time during their tenure as students, regardless of whether the infraction occurs before classes begin, during the academic year, after classes end, or during periods between terms of actual enrollment, even if the conduct is not discovered until after a degree is awarded.
IV. Related Documents
- Onondaga Community College Student Handbook
- Onondaga Community College Centralized Policy Manual
- Residence Life Keys to Residence Hall Living Handbook
- College Catalog
- NYS Education Law, Article 129-A
- Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, and accompanying regulations of the U.S. Department of Education (collectively, “FERPA”)
||Title or Position
|Questions Regarding Policy
||Vice President, Student Engagement & Learning Support
|Reporting Alleged Violations
||Campus Safety and Security
||Vice President, Campus Safety and Security
||The Administrative Officer is charged with ensuring that the requirements of the policy are followed. He or she:
1. Supervises the case from start to conclusion
2. Identifies necessary preliminary procedures
3. Conducts interviews
4. Completes notices and summaries
5. Provides instruction and correction in procedural matters
6. Establishes or assists in establishing appropriate sanctions for the Student Disciplinary Committee
7. Facilitates Student Disciplinary Committee hearings
8. Prepares a case for appeal, if applicable
Persons eligible to serve as Administrative Officers include: Associate Vice President of Student Development, Assistant to the Associate Vice President of Student Development, Judicial Coordinator, Executive Director of Housing and Campus Services, Residence Hall Directors and designees of these persons.
||Consent requires spoken words or behaviors that clearly indicate, without doubt to either party, a mutual agreement to participate in a specific behavior or action including but not limited to sexual intercourse or other sexual activities. In regards to sexual misconduct, indicators of consent do not include silence or past or present sexual relationships. A person is deemed incapable of consenting when that person is a minor, mentally defective, mentally incapacitated, physically helpless (whether induced by drugs, alcohol, or otherwise), or asleep.
||Includes all College employees, including Campus Safety and Security officers, faculty, staff and administration, who are acting on behalf of the College. Also includes employees of Onondaga Community College Housing Development Corporation (OCCHDC), Onondaga Community College Association and employees of Vendors/Contractors.
||Includes all land, buildings and property in the possession of or owned, used, or controlled by the College and/or its affiliated entities and/or Vendors/Contractors for College purposes. This term includes but is not limited to the Residence Halls, OCC North, JOBSplus! and other locations where Onondaga Community College courses and services are offered.
||An intentional or reckless act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied Consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations.
||Any person who is under the age of 18.
||A parent of a Student which includes a natural parent, an adoptive parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.
||Includes all persons enrolled in or auditing courses, either full-time or part-time, from the time of initial enrollment through the actual awarding of a degree, including the time before classes begin, during the academic year, after classes end, and during periods between terms of actual enrollment.
|Student Disciplinary Committee (SDC)/Peer Review Board (PRB)
||Members of the Student Disciplinary Committee and the Peer Review Board include campus administrators, faculty, staff and students trained in judicial process and appointed pursuant to a procedure established by the College.
||Includes but is not limited to the bookstore, campus catering and food service, vending, and other persons in or on College Facilities with the permission of the College for the purpose of providing goods and/or services.
VII. General Provisions
Students are members of the College community and are expected to act responsibly and not interfere with the rights, comfort or safety of other members of the College community. The following behaviors are prohibited and violations may lead to disciplinary sanctions:
A. General Violations
1. Any conduct which threatens or endangers the:
a. physical health of any person
b. emotional health of any person
c. safety of any person
a. Coercion: To compel in a manner that the person feels there is no other choice but to comply
b. Intimidation: To coerce, inhibit or discourage by or as if by threats
c. Harassment: To persistently criticize, irritate, tease, badger, annoy, or bully which includes the use of language which is objectively offensive
d. Threats: Issuing verbal or written threats of physical danger or bodily harm
3. Deliberate damage to or destruction of property or services owned by any party.
4. Engaging in intentional or reckless hate, bias or bias-related behaviors that are based on:
e. sexual orientation
g. any other protected classes and/or categories
5. Engaging in obscene or indecent behavior
6. Intentionally disregarding the privacy of others
7. Hazing: Any activity expected of someone joining a group that humiliates, degrades or risks emotional and/or physical harm, regardless of the person’s willingness to participate
8. Impersonating with the intent to deceive
9. Physical Abuse: Pain or injury resulting from physical contact by another person or object.
10. Physically restraining or detaining another person or forcibly removing a person from a place where he or she has a right to remain
a. Engaging in sexual acts without consent
b. Engaging in sexual contact without consent
c. Threatening sexual acts without consent
d. Threatening sexual contact without consent
12. Stalking: Obsessive behavior towards a person; occurs when an individual willfully and repeatedly engages in a knowing course of harassing conduct directed at another person which reasonably and seriously alarms, torments or terrorizes that person
13. Verbal Abuse:
a. language that is objectively offensive
b. obscene language that is objectively offensive
14. Willfully inciting another individual to engage in intentional or reckless misconduct
15. Relationship abuse (domestic violence)
B. Classroom and Academic Violations
1. Academic dishonesty in any form (refer to the Academic Rules for definition and procedures relating to academic dishonesty)
a. Disrupting classes, lectures or meetings
b. Deliberately preventing another from expressing First Amendment-protected views
C. Campus Policy Violations*
a. Failure to present College identification
b. Failure to comply with any official directive given by any authorized College Official/Employee acting in the performance of their duties.
2. Having an animal on campus, with the exception of service animals registered with Campus Safety and Security and the Disability Services Office
a. Impeding an investigation
b. Obstructing an investigation
c. Impeding a campus disciplinary procedure
d. Obstructing a campus disciplinary procedure
4. Non-compliance with the College’s Computer Use Policy*
5. Non-compliance with the College’s Smoking and Tobacco Use Policy*
6. Non-compliance with any College Policy as outlined in the College’s Policy Manual*
7. Non-compliance with any policy and procedures as outlined in the Keys to Residence Life
8. Operation of a motor vehicle in a manner that violates applicable law or College policy, including without limitation, campus traffic and/or parking regulations, or that could reasonably cause potential harm to people or property
*These statements relate directly to Policies contained in the Centralized Policy Manual. This list is not all inclusive. The College’s Centralized Policy Manual is available online at students.sunyocc.edu.
D. Fire Safety Violations
1. Violations of fire safety:
a. Creating a fire hazard
b. Contributing to a fire hazard
c. Creating a safety or other health hazard
d. Contributing to a safety or health hazard
2. Failing to comply with fire drill, fire alarm and/or emergency evacuations or procedure
3. Tampering with or damaging fire safety equipment including but not limited to fire extinguishers, fire alarms, and sprinkler systems
E. Alcohol, Drugs and Weapons
Alcohol is prohibited on campus except in the case of approved events where the sale and service of alcohol is being conducted by the College and/or an affiliated organization in accordance with State Law.
Prohibited Behaviors Involving Alcohol:
- Alcohol Use, Sale/Distribution, Possession
a. Use of alcohol outside of approved events where the sale and service of alcohol is being conducted by the College and/or an affiliated organization in accordance with State Law
b. Sale/distribution of alcohol outside of approved events where the sale and service of alcohol is being conducted by the College and/or an affiliated organization in accordance with State Law
c. Possession of alcohol outside of approved events where the sale and service of alcohol is being conducted by the College and/or an affiliated organization in accordance with State Law
a. Use of any paraphernalia associated with alcohol
b. Display of any paraphernalia associated with alcohol
c. Possession of any paraphernalia associated with alcohol
Use of alcohol that leads to impairment which causes disorderly, destructive, or violent behavior to self or community
- Alcohol Under 21
a. Consumption of alcohol under the legal age of 21
b. Being under the influence of alcohol under the legal age of 21
c. Display of alcohol under the legal age of 21
d. Sale/distribution of alcohol under the legal age of 21
e. Possession of alcohol under the legal age of 21
- Forcing another to ingest
a. Forcing another individual to ingest alcohol for any reason
b. Participating in an effort to force another individual to ingest alcohol for any reason
- Obtaining for under 21 year old
a. Obtaining alcohol for a person who is not of legal age to consume or possess alcohol
b. Providing alcohol to a person who is not of legal age to consume or possess alcohol Prohibited Behaviors Involving Unlawful Drugs, Controlled Substances, and other Synthetic Materials:
a. Use of any paraphernalia associated with unlawful drugs and/or controlled substances, or is used or altered to be used for the consumption of unlawful drugs and/or controlled substances and or synthetic materials
b. Display any paraphernalia associated with unlawful drugs and/or controlled substances, or is used or altered to be used for the consumption of unlawful drugs and/or controlled substances and or synthetic materials
c. Possession of any paraphernalia associated with unlawful drugs and/or controlled substances, or is used or altered to be used for the consumption of unlawful drugs and/or controlled substances and or synthetic materials
- Consumption, Under the Influence, Display, Sale/Distribution, Possession
a. Consumption of any unlawful drugs and/or controlled substances and/or synthetic materials
b. Being under the influence of any unlawful drugs and/or controlled substances and/or synthetic materials
c. Display of any unlawful drugs and/or controlled substances and/or synthetic materials
d. Sale/distribution of any unlawful drugs and/or controlled substances and/or synthetic materials
e. Possession of any unlawful drugs and/or controlled substances and/or synthetic materials
- Look-alike Drugs
a. Possession of “look-alike drugs” or synthetic materials that are either not intended for human consumption or used to elicit effects similar to an illegal drug or a substance or drug being used for an unintended purpose (i.e. synthetic cannabis, herbal incense, and or herbal smoking blends). Whip-it and other similar products.
b. Consumption of “look-alike drugs” or synthetic materials that are either not intended for human consumption or used to elicit effects similar to an illegal drug or a substance or drug being used for an unintended purpose (i.e. synthetic cannabis, herbal incense, and or herbal smoking blends). Whip-it and other similar products.
c. Being under the influence of “look-alike drugs” or synthetic materials that are either not intended for human consumption or used to elicit effects similar to an illegal drug or a substance or drug being used for an unintended purpose (i.e. synthetic cannabis, herbal incense, and or herbal smoking blends). Whip-it and other similar products.
d. Distribution of “look-alike drugs” or synthetic materials that are either not intended for human consumption or used to elicit effects similar to an illegal drug or a substance or drug being used for an unintended purpose (i.e. synthetic cannabis, herbal incense, and or herbal smoking blends). Whip-it and other similar products.
- Forcing another to ingest
a. Forcing another individual or participating in an effort to force another individual to ingest drugs, “look-alike drugs,” synthetic materials, or other substances for any reason
b. Participating in an effort to force another individual to ingest drugs, “look-alike drugs,” synthetic materials, or other substances for any reason
- Violating the College’s policy on the use and possession of weapons on campus
F. Non-Academic Dishonesty
Conveying information that the student knows or should know is false to the College or a member of the College Community, including at College Disciplinary Proceedings
G. Theft/Unauthorized Possession of Property
a. Attempted theft of property or services owned by any party
b. Actual theft of property or services owned by any party
c. Knowingly purchasing or possessing stolen property or services
a. Unauthorized possession of College property (including residence hall furniture)
b. Unauthorized possession of the property of others
a. Entering into or remaining in or on a College Facility for any purpose other than its authorized use
b. Remaining in or on a College Facility after it is closed
2. Entering private or unauthorized locations including but not limited to OCC
employee offices or residence hall buildings, suites or rooms without permission.
I. Violation of Law**
a. Violation of any municipal, state, or federal criminal law
b. Engaging in behavior that is a civil offense
c. Violation of any policy, procedure, rule, regulation or directive of the College or any of its affiliated entities even if the specific conduct is not listed as a prohibited act in this policy
** The College regards criminal conduct/civil offense as a violation of the policy regardless of whether the criminal violation/civil offense is pursued in a court of law. The College may, to the extent permitted by law (including without limitation to FERPA), inform law enforcement agencies of perceived criminal violations and may elect, but is not obligated, to defer internal disciplinary action until prosecution of the criminal violation has been completed. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the College. Determinations made or sanctions imposed under this policy shall not be subject to change because criminal or civil charges arising out of the same facts were dismissed, reduced, or resolved in favor of or against the defendant.
J. Campus Community Violations
1. Disorderly conduct
a. Acting in a manner to annoy or alarm, which includes conduct that disrupts or interferes with the normal routine activities of teaching or communal living
b. Acting in a manner to annoy or alarm, which includes conduct that disturbs the public peace
c. Acting in a manner to annoy or alarm, which includes conduct that endangers personal well-being
d. Acting in a manner to annoy or alarm, which includes conduct that causes a risk of/or physical harm to public or private property
e. Obstructing the movement of persons and vehicles in or around College
f. Lewd, indecent, obscene and or threatening behavior
2. Gambling: playing a game of chance for stakes and/or monetary gain
3. Littering: discarding refuse in public places in a location not properly assigned for such
VIII. Disciplinary Hearing Process and Procedures General Information Including
Student Disciplinary Committee (SDC)
A. All disciplinary procedures are conducted in private to the extent reasonably possible.
1. Reasonable accommodations for students with disabilities will be provided upon request, in compliance with the Americans with Disabilities Act.
2. Alleged Sexual Assault – The accuser and accused must have the same opportunity to have others present. Both parties shall be informed of the outcome of any disciplinary proceeding.
3. FERPA - Notwithstanding the foregoing and without limitation by virtue of specific types of notifications described in this Policy, the College reserves the right to notify third parties of disciplinary actions and/or proceedings, to the extent permitted by law (including without limitation to FERPA).
B. Record Maintenance – Student Development maintains disciplinary records and such records are considered education records within the meaning of FERPA. Disciplinary records are education records within the meaning of FERPA. Disciplinary records are retained for a period of one (1) year after the student's date of graduation, unless:
1. the record must be maintained for federal recordkeeping requirements (Clery Act) which is seven (7) years
2. the record involves a disciplinary suspension or expulsion; records involving disciplinary suspension or expulsion are retained permanently.
C. The policy does not replace or act as a substitute for local, state, or federal laws, ordinances, rules and regulations. As set forth above, the policy neither shelters students from charges for criminal behavior nor prohibits the College’s cooperation with local, state or federal authorities.
D. All parties will be treated fairly and the disciplinary process will not be altered in any manner based on race, religion, ethnicity, national origin, gender, age, physical ability, disability or sexual orientation or any other protected category.
E. Interim Administrative Withdrawal/Administrative Medical Withdrawal
1. In most cases, a student’s status is not altered pending a hearing or an appeal, unless preliminary information reasonably demonstrates that the student’s continued presence on campus would:
a. pose a threat to the health, safety, or well-being of others within the College community and/or
b. threaten to cause a disruption to or interruption of College operations.
2. In the event the student’s continued presence poses such threat(s), the Associate Vice President of Student Development or his/her designee may place the student on interim administrative withdrawal/involuntary medical withdrawal and deny the student access to the campus and/or residence halls, including all classes and co-curricular activities, on an interim basis.
a. Except in an emergency situation, the Associate Vice President of Student Development or his/her designee will communicate with the student prior to instituting interim administrative withdrawal/involuntary medical withdrawal stating in writing the terms of the interim administrative withdrawal/involuntary medical withdrawal.
b. The Associate Vice President of Student Development or his/her designee, will review the facts underlying the interim administrative withdrawal/administrative medical withdrawal within five (5) business days of its commencement for the purpose of determining whether to continue the interim administrative withdrawal/administrative medical withdrawal pending the disciplinary process. At a minimum, this review will include:
i. an opportunity for the student to meet and confer with the Associate Vice President of Student Development or his/her designee
ii. notice as to the reason(s) for the interim administrative withdrawal/administrative medical withdrawal if not already communicated to the student
iii. the opportunity for the student to present his/her version of the events leading to the imposition of the interim administrative withdrawal/administrative medical withdrawal, and a review of the reason(s) for the interim administrative withdrawal/administrative medical withdrawal. The Associate Vice President of Student Development or his/her designee will decide whether to continue the interim administrative withdrawal/administrative medical withdrawal within one (1) business day of the review and will communicate that decision to the student in an appropriate manner.
iv. In the event a student is not able to comply with the requirements of the interim administrative withdrawal/administrative medical withdrawal, the student may be required to leave campus and/or the residence halls until compliance is achieved. This status does not remove any financial or other obligations required by the college or disciplinary process.
F. Statement on Self-Reporting and Bystander Intervention (Good Samaritan)
Onondaga Community College students are expected to be aware of their health and safety and to be active bystanders who help fellow students when their health and safety is in danger. When a person’s health or safety is threatened due to consumption of alcohol, unlawful drugs, controlled substances and/or other synthetic materials immediate actions should be taken. This could include alerting medical personnel, Campus Safety, or an appropriate college official. In all cases, the incident will be documented. When determining the appropriate response in the conduct process, the Office of Judicial Affairs will consider actions taken by any student who seeks assistance on their own behalf or the behalf of another student experiencing a medical emergency related to consumption of alcohol, unlawful drugs, controlled substances and/or other synthetic materials. In some cases disciplinary sanctions may be reduced. This practice does not preclude action by Campus Safety or other legal authorities.
G. Multiple Respondents
If an incident results in a charge against more than one student, then the Administrative Officer may, at his/her sole and sound discretion, combine the hearings. A student may request a separate hearing, which the Administrative Officer will grant for good cause shown.
IX. Disciplinary Process
A. Any student, employee, or community member may notify the College of a suspected violation. The College’s Administrative Officer is notified of any suspected code violation by an Onondaga Student or Campus Safety and Security.
B. Once a student has been accused of a violation, the Administrative Officer seeks documentation, testimony and information that is relevant to the alleged violation. The Administrative Officer determines the relevance of information presented.
C. The Administrative Officer compiles a complete summary of the investigation, which remains with the disciplinary files of the College, located in Student Development. (Portions of a disciplinary record are not the property of the College, such as local police and Campus Safety and Security reports. The College, therefore, does not release such records without proper authorization.)
D. Notification: A student who is accused of a violation of the code may be informed verbally but will also receive notification in writing by an Administrative Officer of the College prior to the Judicial Hearing. The letter will inform the student of the response necessary, which may include attendance at a Disciplinary Hearing held by the College
E. Disciplinary Standard - The standard for decision making is whether it is more likely than not, based on the available information, that the accused student committed the alleged violation(s). The assigned Administrative Officer, the Student Disciplinary Committee or Peer Review Board reviews available information, conducts a hearing and reaches a finding as to whether the person is “responsible” or is "not responsible” for committing the alleged violation.
F. Disciplinary Hearing
1. The complaining party, accused student and their advisors, if any, shall be allowed to attend the entire portion of the hearing at which information is received (excluding deliberations). Admission of any other person to the meeting shall be at the discretion of the Administrative Officer.
2. All questions regarding whether potential information will be admissible in the hearing by either the student charged with the violation or the individual by whom the accusation was made, and all procedural questions with respect to the hearing, shall be resolved in the discretion of the Administrative Officer. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in hearings.
3. Witnesses - Each party shall be given reasonable opportunity to testify and to present information and witnesses. The accused Student shall notify the Administrative Officer in writing of the identity of his/her advisor and any witnesses he/she intends to have present at the hearing no later than forty-eight (48) business hours before the meeting
4. Advisors Each party and each witness may bring one advisor (who may be an attorney) to the hearing. Advisors do not participate in the hearing. The Administrative Officer, if deemed appropriate, shall have complete and absolute discretion to determine the extent to which advisors may contribute at the conclusion of the hearing. Administrative Officers may remove and prohibit the participation of anyone disrupting the hearing. Absent compelling reasons necessitating a different arrangement, each party is responsible for presenting his/her own information and, therefore, advisors are not permitted to speak or to participate directly in a hearing (other than to serve merely as an observer and/or a source of advice to the advisee without directly addressing the meeting). Any associated costs for having an advisor are the responsibility of the party with whom they are associated.
5. Maintenance of Order The Administrative Officer is responsible for maintaining a disciplinary procedure that makes reasonable efforts to accommodate concerns for the personal safety, well-being and/or fears of confrontation of the complaining party, the accused Student, and/or other witnesses during the hearing by providing separate facilities, by using a screen, and/or by permitting participation by telephone, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Administrative Officer to be appropriate
6. Cancellation of Hearings - Hearings will convene as scheduled unless the Administrative Officer has been notified of and approves a request to reschedule or circumstances arise which warrant postponement. Circumstances that may postpone a hearing includes verifiable information or events which will impact the accused and/or victim’s due process rights and/or pose a reasonable safety concern for the accused and/or victim. The hearing will proceed if the accused student does not attend and has not requested and been approved for a reschedule. Hearings will not be held when the college is closed.
7. Hearing Summary - The Administrative Officer or his or her designee provides a written decision to all persons charged with a violation within ten (10) business days from the close of the hearing. The decision summarizes what information was considered key to determining the final decision. If the person is found to be responsible for committing the violation, the decision includes any applicable sanctions and instruction on the Student’s right to appeal.
G. Student Record Restrictions – Under normal circumstances a hold on the student’s registration privileges, posting of grades and issuance of official transcripts is in place until the conclusion of a disciplinary process. Exceptions to this may be made according to the aforementioned section on interim administrative withdrawal/involuntary medical withdrawal. A hold may be placed on the student’s future registration privileges, posting of grades and issuance of official transcripts for failure to comply with disciplinary sanctions.
H. Considerations - If the Student is found to be responsible, the Administrative Officer, the Student Disciplinary Committee or Peer Review Board (as applicable) may consider mitigating and aggravating circumstances when choosing whether or not to impose a sanction and the severity of the sanction, including without limitation any or all of the following:
1. Nature of the offense
2. Severity of the damage, injury, or harm resulting from the offense
3. Whether the Student promptly took responsibility for his/her actions
4. Present demeanor of the Student
5. Past disciplinary history of the Student, which includes, without limitation, completion of or pending disciplinary sanctions from past cases
6. The Student’s honesty or lack thereof and the cooperation demonstrated during the investigation of the complaint and subsequent disciplinary proceeding
7. Whether the charge involved an action directed at another based upon his/her race, religion, ethnicity, national origin, gender, age, physical ability, or sexual orientation
8. The recommendation of associated victims or parties to the incident
9. Any other factor deemed relevant by the Administrative Officer or Student Disciplinary Committee
10. The Associate Vice President of Student Development or his/her designee reserves the right to review and amend any decision of the Administrative Officer, the Student Disciplinary Committee or Peer Review Board.
Appeals must be submitted by the Associate Vice President of Student Development/Judicial Affairs within five (5) business days after the date of the written decision described in the paragraph above or, if the appeal is based on the discovery of “after acquired” information, within five (5) business days after the discovery of the information, but in no event later than 14 days after the date of the written decision. All appeals must be submitted in a written format. Reasonable accommodations for students with disabilities will be provided upon request, in compliance with the Americans with Disabilities Act and if the request is made within the five business day timeframe.
The student may appeal the written disciplinary meeting decision for the following reasons only:
1. a procedural error that unfairly and materially affected the outcome of the disciplinary hearing
2. “after acquired” information that is relevant to the alleged violation [information that was discovered only after the conclusion of the disciplinary meeting, could not reasonably have been discovered prior to or during the hearing, and which, if previously known, would have had a significant bearing on the outcome of the disciplinary hearing]
3. clear abuse of discretion on the part of the Administrative Officer, the Student Disciplinary Committee or the Peer Review Board.
4. a sanction that is unreasonably severe in light of the offense(s) committed
The Associate Vice President of Student Development or his or her designee reviews the record of the disciplinary proceeding and renders a written response to the Student appeal within five (5) business days from the date the appeal is received. The appeal decision is final and binding.
Disciplinary sanctions that may be imposed include, but are not limited to, the following:
A. Disciplinary Warning - A disciplinary warning is a written statement which shall be sent to the student that his/her behavior is in violation of one or more of the standards of conduct referenced above. The statement clarifies expected behavior in the future. A record of the Disciplinary Warning shall be maintained in the disciplinary files as a correspondence file. In the event a Student is found responsible for future violation(s), the disciplinary warning may be considered in determining appropriate sanctions. An authorized third party who requests a student’s disciplinary status with the College does not receive information on a Disciplinary Warning unless it is considered in the context of a subsequent disciplinary proceeding.
B. Disciplinary Probation - Disciplinary Probation is a status that may include loss of specified privileges associated with student status for the duration of the probation. A sanction of disciplinary probation may include stipulations that are implemented based on:
1. the student’s past disciplinary involvement
2. the location of the event
3. the circumstances of the violation
4. the victim’s health and well-being
5.other considerations as outlined in Section IX Disciplinary Process; H. Considerations
C. Educational Sanctions Educational sanctions may include, but are not limited to, the following:
1. a formal apology in writing and/or in person;
2. a public presentation;
3. a behavioral contract between the Student and the College specifying the behavioral requirements to be followed while the Student is enrolled at the College;
4. a reflective essay on a designated topic;
5. a referral to the counseling department to gain insight into the Student’s behavior;
6. alcohol and/or drug education and counseling with a certified drug and/or alcohol counselor;
7. anger management or other counseling services available on or off campus;
8. participation in college sponsored activities and programs;
9. participation in community sponsored programs or activities.
D. Community Service - Community Service may include performance of no more than fifty (50) hours of unpaid work assignments per semester either on or off campus as specified. Assignments are assigned by an Administrative Officer and may not be combined or in conjunction with any other volunteer or court ordered requirement. A student may not select his/her own site to complete a community service sanction.
E. Restitution - Restitution is applied for damages done or other payment for expenses incurred as a result of the Student’s actions. Restitution may be required to the College, a specific department of the College, an affiliate organization of the College, or a specific individual. A restriction on the ability to access educational records, transcript and to register for courses is in place until complete restitution has occurred. Verification of payment(s) is required.
F. Residence Hall Probation - Residence Hall Probation is a status that may include loss of housing privileges associated with the student status for the duration of the residence hall probation. A sanction of residence hall probation may include stipulations that are implemented based on:
1. the student’s past disciplinary involvement
2. the location of the event
3. the circumstances of the violation
4. the victim’s health and well-being
5. other considerations as outlined in Section J. - Considerations
G. Residence Hall Suspension or Expulsion - Residence Hall Suspension or Expulsion prohibits a student from residing in a residence hall on the College’s campus on either a temporary or permanent basis. Any indication that further violation within a specified probationary period will result in more severe disciplinary action, up to and including suspension or expulsion from the residence halls. The student may reapply for housing after completion of a stated period of temporary suspension. The Administrative Officer or Student Disciplinary Committee may also invoke specific restrictions on access to residence halls during the period of suspension or removal
H. Campus Suspension - Campus Suspension results in prohibition of access to all or portions of the campus and/or class (es) for a specified period of time. Campus Suspension involves partial or complete restrictions and/or conditions on a student’s ability to access to College property, buildings, or grounds, academic records as well as attendance at College sponsored events and functions, as deemed appropriate by the Administrative Officer or Student Disciplinary Committee. Campus Suspension does prohibit attendance at any classes, or participation in any study abroad programs or internships arranged by the College during the suspension period.
I. College Suspension - College Suspension results in the separation of the Student from the College for a specified period of time. Suspension prohibits attendance at any classes, participation in any study abroad programs or internships arranged by the College during the suspension period. Suspension may involve restrictions and/or conditions on access to College property, buildings, or grounds as well as attendance at College sponsored events and functions, as deemed appropriate by the Administrative Officer or Student Disciplinary Committee. The Student may not register for and/or enroll in classes until s/he completes the stated period of suspension and meets any and all requirements for the period of suspension
J. College Expulsion - College Expulsion results in permanent separation of the Student from the College, college-sponsored events and college owned properties and affiliates including but not limited to OCC Housing Development Corporation and OCCA.
K. Stipulation - A stipulation can be attached to any code sanction. It is an agreement that any further violation within a specified probationary period regardless to the severity of the violation will result in more severe disciplinary action, up to and including suspension or expulsion from the College. A stipulation may also provide specific instructions a Student must follow.
L. Degree Revocation - the College reserves the right to revoke a degree when upon conclusion of an investigatory process it is determined that the degree was obtained by fraud.
XII. Mandatory Sanctions for Violations Pertaining to Alcohol and Other Drugs :
Any Student found “responsible” for violation of College Policy on alcohol and/or other drugs will be subject to the following sanctions:
1. Disciplinary Probation for six (6) months
2. Educational component
3. Notification of parent(s) (written) if permitted by law including without limitation to FERPA
4. Specific notification regarding sanction if a second violation occurs and student is found responsible.
5. Additional sanctions if deemed appropriate
1. Disciplinary Probation for as long as enrolled at the College and/or Temporary Removal from College Residence Halls
2. Educational component
3. Notification of parent(s) (written) if permitted by law (including without limitation to FERPA)
4. Involuntary Medical Withdrawal from the College pending an evaluation and receipt of documentation that the student has undergone an assessment for substance abuse by a licensed professional agency
5. Specific notification regarding sanction if a third violation occurs and student is found responsible.
6. Additional sanctions if deemed appropriate
1. College Suspension for a period of time deemed appropriate
2. For cases involving use of alcohol or other drugs, prior to return to campus the Student shall be required to provide the College with documentation that he/she has undergone an assessment for substance abuse by a licensed agency and has completed a program for treatment
3. Notification of parent(s) (written) if permitted by law (including without limitation to FERPA)
4. Additional sanctions if deemed appropriate
Procedures for non-compliance with the Mandatory Sanction for Violations pertaining to Alcohol and Other Drugs
1. If a student does not attend the 1st AOD educational workshop sanction and has not provided the appropriate notification to the Administrative Officer, he/she:
a. is immediately rescheduled to attend the next educational workshop
b. is levied a $26 fine or 5 hours of community service
2. If a student does not attend the 2nd AOD educational workshop (which means that they are a repeat violator) and has not provided the appropriate notification to the Administrative Officer, he/she:
a. must complete their workshop in the community
b. is levied a $51 fine or 10 hours of community service
XIII. Mandatory Sanctions for Violations of the Smoking and Tobacco Use Policy
Violations of the smoking policy may result in disciplinary action up to and including expulsion for students.
XIV. Compliance with Sanctions and Timelines
All sanctions will be communicated in writing with clearly established timelines for completion. If the student has not completed the sanction within the timeline and has not received approval by an Administrative Officer for an extension the student will be subject to additional sanctions.
XV. Reporting an Incident
A. Any student, employee, or community member may report an incident by calling Campus Safety and Security.
B. Campus Safety and Security should be contacted immediately to intervene in any incident that a student, employee, or community member witnesses underway on campus.
Any questions regarding interpretation or application of this policy shall be referred to the Associate Vice President of Student Development or his or her designee for final determination. He or she shall have complete discretionary authority to interpret or construe any uncertain or disputed term of the policy.
Approved by OCC Board of Trustees June 5, 2007
Updated and approved by the OCC Board of Trustees September 23, 2008
Updated and approved by the OCC Board of Trustees June 1, 2010
Updated and approved by the OCC Board of Trustees May 3, 2011
Updated and approved by the OCC Board of Trustees June 18, 2013