69·çÁ÷

Purpose:

The Student Conduct policy ( 69·çÁ÷ Policy 1-35) is designed to promote a safe and healthy environment that is conducive to learning. The procedures for implementation of this policy are provided below.

Procedure and/or Process Definitions:

Behavioral Intervention Team: Team that provides assessment of and intervention with individuals whose behavior pose a threat to the safety of the campus community. (See , Violence prevention committee; threat assessment team, or 69·çÁ÷ Policy No. 1-22, Behavioral Intervention, for greater definition of the role and scope of the team.)

Preponderance of evidence: The standard of judgment that indicates that the weight of the evidence to convince the fact-finder that the issue in question is more likely true than not. Provides definitions of key terms relevant to these procedures.

Sanctions: Refer to 69·çÁ÷ Policy 1-35 for a full listing.

Violations: Refer to 69·çÁ÷ Policy 1-35 for a full listing.

Procedures:

1. Sanctions

   In the instance that a student is found to be responsible for violating the college's conduct policy, sanctions will be imposed. In general, the goal of the sanction is to educate, rehabilitate, or deter inappropriate behavior, rather than simply punish students.

   The severity of the sanction will be in relation to the severity of the violation. Sanctions will be applied consistently so that students violating the same standard or policy receive similar penalties.

   The following sanctions may be imposed:

   1. Admonition: An oral or written statement to a student indicating that the behavior resulting in the reprimand is unacceptable and a violation of 69·çÁ÷ Policy No. 1-35, Student Conduct. Continuation or repetition of this conduct could result in further disciplinary action.

   2. Educational project or community-service project: A project or assignment on campus or in the community that will provide the student with the opportunity to observe and learn specific, valued human behaviors related to their conduct (e.g., participation in a leadership seminar, alcohol/drug seminar, or personal development class). Evidence of satisfactory completion will be required.

   3. Probation: Exclusion from the privilege of participation in college-related activities, including the holding of any student office for a specified period.

   4. Restitution: The repayment/reimbursement for damage to or misappropriation of property. This may take the form of acts, services, or other compensation.

   5. Deactivation of a student organization.

   6. Immediate suspension/trespass warning.

   7. Suspension: Exclusion from attending the college as a student for a definite period of time not to exceed one (1) year.

   8. Dismissal/expulsion: Permanent separation from the college as a student.

   Sanctions may be applied separately or in combination with another sanction. Previous behavior or conduct violations will be considered in determining a sanction.

   In certain circumstances, a student may be referred for specialized help (e.g., psychological assistance, consultation with a counselor, and/or social service agencies) in lieu of the aforementioned penalties. If this occurs, the student is expected to periodically meet with the dean of students (DOS) or designee who will review the student's progress.

   Denial of readmission may be imposed upon a student who has violated 69·çÁ÷ Policy No. 1-35, Student Conduct, and has withdrawn from the college prior to or during disciplinary proceedings.

   The college reserves the right to pursue any and all legal remedies, and such rights and remedies are specifically reserved.

2. Appeals

   Students are afforded the opportunity to appeal a decision. An appeal is not a re-hearing. It represents a procedural safeguard for the student and should not be used for anything other than that right and privilege. In the appeal process, the burden of proof is shifted from the college to the student charged with the offense. The student must show that it is more likely than not that one or more of the grounds for appeal have merit. In the event that a student wishes to appeal a decision, the student may appeal based on or more of the following:

   1. excessively severe sanction

   2. new or newly discovered evidence that may substantially affect the outcome of the hearing

   3. procedural error, which substantially affected the outcome of the hearing

3. Records

   Disciplinary action may result in the establishment of a disciplinary file in the name of the accused student. If the student is found innocent of charges, the file will be voided and will not result in a disciplinary record for the student. Factors to be considered in record retention include, but are not limited to, present demeanor, conduct of the student subsequent to the violation, and nature of the violation (e.g., severity of any damage, injury, or harm resulting from it).

   1. Files of students who have been disciplined will be retained a minimum of three (3) years from the date sanctions were imposed. At the discretion of the DOS or designee, the files may be destroyed after three (3) years or kept for a longer period (particularly in cases where the student may be currently enrolled after the three [3] years has passed). Information contained in the files is confidential and may be released only in accordance with applicable federal and state laws.

   2. If a student is expelled, complete records of the hearing proceedings and all pertinent documents will be maintained permanently by the DOS.

   3. Records of all disciplinary actions will be filed in the Division of Enrollment Management and Student Success.

Student Conduct Addendum:

The College's Student Code of Conduct is hereby amended effective 8/23/2024 to include the following provisions and any violation of such shall be grounds for discipline under the College's Student Code of Conduct policy. All other provisions remain unchanged and applicable:

1. Disruptive Acts

   1. Disrupting or obstructing the normal learning, living, or work environments of other members of the College community or the functions or activities of the College (as well as activities conducted on the College's property with its permission) is prohibited. Examples include: blocking entrances, corridors or exits; interfering with ongoing educational activities, cultural events, or recreational, extracurricular or athletic programs; unauthorized presence in a building after normal closing hours or after notice that the building is being closed; interfering with vehicular or pedestrian traffic; creating unsanitary conditions; and interfering with any other effort to protect the health and safety of members of the College community or larger public.

   2. No person may obstruct, disrupt, or attempt by physical force to cancel or discontinue speech by any speaker or the observation of speech by any person intending to see or hear a speaker.

2. Violations of Laws, Regulations, and Ordinances

   1. Prohibited conduct includes violations of federal, state, or local laws, regulations, orders, or ordinances.

      1. Students have a continuing duty to promptly report to the 69·çÁ÷ Dean of Student's Office any arrests for violations of federal, state, local, or international law, excluding minor traffic violations that do not result in injury to others. This duty applies regardless of where the arrest occurred (inside or outside the Commonwealth of Virginia) and regardless of whether the College is in session at the time of the arrest. An arrest includes the issuance of a written citation or summons regardless of whether the student is taken into custody by law enforcement. Charges related to driving under the influence of alcohol or other drugs are not "minor traffic violations" and must be reported.

3. Masking to Conceal Identity

   1. Consistent with Virginia Code § 18.2-422, any individual who is present on College property or attending a College event who is wearing a mask, hood, or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, must present a valid college or government issued identification document containing both the person's legal name and photograph when requested by the 69·çÁ÷ Department of Police or Campus Security, to otherwise establish the individual's identity to the satisfaction of the requesting officer.

4. Encampments

   1. The construction or occupation of a Camping Tent is prohibited.

      1. "Camping Tent" means any collapsible tent or structure, typically having as its basic components a flexible material supported by a framework, designed, intended, or used as temporary shelter while camping or on recreational outdoor outings. Camping Tents may include tents known as "pup tents," "dome tents," "cabin tents," "hiker tents," and "backpacking tents."

      2. A "Camping Tent" does not include a tent with all sides entirely open and where there is an unobstructed view into such tent from the outside at all angles. All other conduct provisions apply to the use of open tents.

      3. Only tents approved in advance pursuant to the Event Planning and Facilities Rental Management Policy 4-11 shall be permitted. No Camping Tents shall be permitted at any time. All tents of any type must be removed no later than 10 p.m., unless authorized under Policy 4-11.

   2. Camping is prohibited on property owned, leased, or operated by the College, Virginia Community College System, or their foundations.

      1. "Camping" means the act of using any part of the property or facilities for living accommodation purposes, such as establishment of temporary or permanent living quarters, sleeping outdoors overnight or making preparations for overnight sleeping (including the laying down of bedding), storing personal belongings, using any tent, shelter, or similar structure regardless of size for sleeping; sleeping in, on, or under parked vehicles, or setting up temporary or permanent sleeping areas outdoors or in structures not designated for human occupancy.

      2. "Camping" does not include the use of College, VCCS, or their foundations' property that has been wholly or partially designated as sleeping or relaxation areas; a tailgating activity in conjunction with a College, VCCS, or foundation event; or the use of temporary hammocks or lounge furniture for recreation or studying activities outdoors on College, VCCS, or foundation owned property during normal business hours which varies by campus and day, but is typically 7 a.m. – 11 p.m.

5. Applicability:

   1. The Code of Conduct, including this Addendum, shall apply both to the conduct of individual students as well as student organizations.

   2. Each recognized student organization shall represent that its activities and the activities of its members will not violate federal, state, or local law; or the College's Code of Conduct, including this Addendum.

   3. The Code of Conduct, including this Addendum, applies to all student activities within College, VCCS, or their foundations' programs or activities wherever located. The Code of Conduct, including this Addendum, also applies to all student conduct occurring on the College campus and on any property owned, leased, or operated by the College, VCCS, or their foundations. The Code of Conduct, including this Addendum, additionally applies to any property used as a student residence and in regard to which students have expressly agreed to abide by or provided written consent to be governed by College policies. Violations of other College or VCCS policies may result in disciplinary action under the Student Code of Conduct.

Other Information:

, Violence prevention committee; threat assessment team

69·çÁ÷ Policy No. 1-22, Behavioral Intervention

69·çÁ÷ Policy No. 1-35, Student Conduct

69·çÁ÷ Policy No. 2-07, Academic Integrity

69·çÁ÷ Policy No. 2-18, Classroom Interruptions

69·çÁ÷ Policy No. 2-19, Electronic Devices on Campus

69·çÁ÷ Policy No. 4-03, Eating, Drinking, and Smoking in College Facilities

69·çÁ÷ Policy No. 4-11, Event Planning and Facilities Rental Management

69·çÁ÷ Policy No. 4-17, Title IX - Sexual Misconduct

69·çÁ÷ Policy No. 4-31, Children and Non-Students on Campus

69·çÁ÷ Policy No. 4-32, Use of Computers and Information Technology Resources

, Behavior Intervention Referral