SECTION II: Student Rights and Responsibilities
SECTION II: Student Rights and Responsibilities
Student Rights
A. Freedom of Student Participation in Institutional
Government
The student body shall have clearly defined means to participate in
the formulation and application of institutional policy affecting
academic and student affairs.
B. Freedom of Access
The facilities and services of the College shall be open to all of
its enrolled students in accordance with policies and procedures
stated in the Central Oregon Community College General Procedures
Manual.
C. Protection of Freedom of Inquiry and
Expression
Central Oregon Community College recognizes the rights of all
students to engage in discussion, to exchange thought and opinion,
and to speak, write, or publish freely on any subject, in
accordance with the guarantees of Federal or State
constitutions.
Students are free to engage in peaceful and orderly protest,
demonstration, and picketing which does not disrupt the regular and
essential operations of the College (See Policy Statement on
Freedom of Expression and Dissent).
D. Freedom of Association
Students shall be free to organize and join associations to promote
their common interests.
E. Freedom of Student Publications
Student editors and managers shall be free to develop their own
editorial policies and news coverage. The advisor does not review
copy unless requested to do so by a staff member. This separation
helps protect the institution from legal actions relating to
obscenity, criminal or civil libel or copyright infringement. In
addition, the advisor offers ethics training as well as ongoing
education to ensure the student newspaper is in compliance with the
canons of journalism and journalistic ethics. Specific student
publication rights shall follow those contained in the current
student publication policies.
F. Notification of Rights under FERPA
The Family Educational Rights and Privacy Act ("FERPA") grants
students certain rights with respect to their education records.
This notice summarizes the College's Student Records Access policy.
This notice, all College student records access policies and
procedures, and their terms, are to be interpreted and applied in
accordance with FERPA and its related regulations.
In sum, the rights granted to students under FERPA are:
1. A student has the right to inspect and review his/her
education records within 45 days of the date the College receives a
request for access. The student should submit to the registrar,
dean, head of the academic department, or other appropriate
official, a written request that identifies the records he or she
wishes to inspect. The College official will make arrangements for
access and notify the student of the time and place where the
records may be inspected.
2. A student has the right to request the amendment of any student
education records that the student believes are inaccurate or
misleading. A student may ask the College to amend a record that he
or she believes is inaccurate or misleading. The student should
write to the College official responsible for the record, clearly
identify the part of the record he or she wants changed, and
specify why it is inaccurate or misleading. If the College decides
not to amend the record as requested by the student, the College
will notify the student of the decision and advise the student of
his or her right to a hearing regarding the request for amendment.
Additional information regarding the hearing procedures will be
provided to the student along with the notice of a decision by the
College not to amend an education record.
3. A student has the right to consent to disclosures of personally
identifiable information contained in the student's education
records, except to the extent that FERPA authorizes disclosure
without consent. For example, one exception that permits disclosure
without consent is disclosure to a school official whom the College
has determined has a legitimate educational interest in the record
or information. A school official is defined as: a person employed
by the College in one or more of the following types of positions
or capacities: administrative, professional, supervisory, academic
or research, health care, or support staff; a person or company
with whom the College has contracted (such as an attorney, auditor,
collection agent, or service provider); a person serving on the
Board of Trustees or an authorized College committee, such as those
charged with responsibility under College policy to review the
academic, disciplinary, financial aid, or scholarship status of
students; or a student serving on an official committee, such as a
disciplinary or grievance committee, or assisting another school
official in performing his or her tasks. A school official has a
legitimate educational interest if the official needs to review an
education record or receive information from an education record in
order to perform his or her responsibilities in one or more of the
positions or capacities noted above. As another example of an
exception permitted by FERPA, the College upon request will
disclose education records without consent to other agencies or
institutions in which a student seeks or intends to enroll. FERPA
also permits disclosure without consent in a number of other
circumstances, including health and safety emergencies, the lawful
issuance of a subpoena or court order, audits by federal education
officials, certain disciplinary violations, certain lawsuits, and
other situations as specified in the FERPA regulations.
4. The right to file a complaint with the U.S. Department of
Education concerning alleged failures by the University to comply
with the requirements of FERPA. The name and address of the federal
office that administers FERPA are:
• Family Policy Compliance Office
• U.S. Department of Education, 400 Maryland Avenue, SW,
Washington, D.C. 20202-4605
Further information about FERPA is available at the U.S. Department
of Education's website, http://www.ed.gov/offices/OM/fpco/
PUBLIC NOTICE DESIGNATING DIRECTORY INFORMATION
The Family Educational Rights and Privacy Act of 1974
grants to all College students the right to not have personal
information contained in the records of the College released to any
individual, agency, or organization. Central Oregon Community
College has designated the following as directory information and
therefore will not release this information to persons requesting
it if a student requests it not be released.
• Name
• Address
• Telephone number
• Email address
• Dates of attendance
• Class
• Previous institution(s) attended
• Major field of study
• Enrollment status
• Awards
• Honors (including Dean's List)
• Degree(s) conferred (including dates)
• Past and present participation in officially recognized sports
and activities
• Physical factors (height, weight of athletes)
• Date and place of birth
G. Student Records Policy
To minimize the risk of improper disclosure, academic and
disciplinary records shall be separate, and the conditions of
access to each shall be set forth in an explicit policy statement
(as defined by the Family Rights & Privacy Act of 1974).
Transcripts of academic records shall contain only information
about academic status. Each student shall have access to all
records and transcripts pertaining to him/her, except those which
are specifically labeled "Confidential" and understood to be so by
the student at the time he/she enters the file-such as letters of
recommendation and counseling information.
H. Student Responsibilities
1. Students are ultimately responsible for their academic
success with the support of COCC.
2. Students shall be responsible to respect the rights of others
and not interfere with the exercise of those rights.
3. Students shall be responsible to civil authority as are other
citizens.
4. When students are exercising the rights set forth in this
document, they shall do so in an orderly and responsible
manner.
This includes but not limited to proper care of campus equipment,
facilities and grounds.
5. Students shall adhere to College policies and rules.
It is the responsibility of the student to also recognize the
rights of the college and adhere to the codes of conduct as
outlined in the remainder of this document.
It is recognized that Central Oregon Community College has the
right to protect its educational purpose and its students from the
irresponsible conduct of others. In order to insure this right, the
following areas of responsibility require student compliance for
the welfare of the College community.
A. INSTRUCTIONAL
Academic Dishonesty Disruption Freedom, Academic and
Speech
B. GENERAL CAMPUS
General Provisions
Attempted Violations
Complicity
Public Laws
Offenses Against Persons
Abuse of Self or others
Assault and/or Battery
Threats Extortion
Harassment
Hazing
Non-Consensual Sexual Act
Stalking
Offenses Against Property
Damage of Property
Emergency Equipment
Fire Safety
Theft and Unauthorized Poss.
Trespassing
Unauthorized Use of Facilities
Public Order/College Order Offenses
Activities on Campus
Bad Checks
Breach of Peace
Contracting
Dress Standards
Falsification of Records
Identification
Distribution of Literature and Goods
Obeying Orders
Parking
Providing False Information
Recognition of Student Groups
Search & Seizure.
Use of Vehicles
Violation of Probation
Weapons
Alcohol & Drug Offenses
Alcohol
Illegal Drugs
Controlled Substances
C. OTHER COLLEGE POLICIES
Acceptable Computer Usage, Children on Campus, Designated
Public Forum, Gambling, Pets and Smoking.
A. INSTRUCTIONAL
Central Oregon Community College respects the need for students to
discover ways of learning including individualized and
collaborative methods. Central Oregon Community College believes
that the students should expect the education and degrees they
receive will reflect the standards of this institution. To this end
Central Oregon Community College establishes the following academic
regulations in order to maintain the academic integrity of the
institution and to allow for the individual pursuit of knowledge.
Academic dishonesty or an offense against academic honesty includes
acts which may subvert or compromise the integrity of the
educational process at Central Oregon Community College. Such acts
are serious offenses, which insult the integrity of the entire
academic community of the College.
1. ACADEMIC HONESTY
Offenses against academic honesty are any acts which
would have the effect of unfairly promoting or enhancing one's
academic standing within the entire community of learners which
includes, but is not limited to, the faculty and students of
Central Oregon Community College. Academic dishonesty also includes
knowingly permitting or assisting any person in the commission of
an offense against academic honesty. All academic work (e.g.
homework, assignments, written and oral reports, creative projects,
performances, in-class and take-home exams, extra-credit projects,
research, etc.) are subject to the following standards of academic
integrity:
• Cheating: intentionally using or attempting to use
unauthorized materials, information, or study aids in any academic
exercise. Students must adhere to the guidelines provided by their
instructor for completing coursework and may not present the same
(or substantially the same) work for more than one course without
obtaining approval from the instructor of each course.
• Fabrication: intentional and unauthorized falsification or
invention of any information or citation in an academic
exercise.
• Plagiarism: representing the words or ideas of another as one's
own. All ideas, arguments and phrases submitted without attribution
to other sources, must be the creative product of the student.
Plagiarism includes copying portions of the writing of others with
only minor changes in wording, with inadequate footnotes, quotes,
or other reference forms of citation or only a list of references.
Paraphrasing without appropriate citation is also plagiarism.
• Collusion: intentionally or knowingly helping or attempting to
help another to violate the academic honesty policy. Students may
only collaborate within the limits prescribed by their
instructors.
The following is a list of some, but not all, offenses
of academic dishonesty accommodated by the above definitions.
1. Acquiring from other persons or from commercial
organizations, or other sources, or utilizing other unauthorized
assistance, and submitting as one's own work, homework assignments,
term papers, research reports, laboratory reports, or comparable
documents prepared in whole or in part by others than
oneself.
2. Communicating in any manner with other students during an
examination, collaborating in the preparation of reports,
laboratory reports, or take-home examinations, copying, or giving
aid, or otherwise failing to abide by the College or instructor's
rules governing the exercise or examination, without the
instructor's specific permission.
3. Bringing to an examination or using crib sheets, supplementary
notes, or comparable aids during an examination session except as
specifically permitted by the instructor.
4. Soliciting, obtaining, possessing, or providing to another
person an examination or portions of an examination prior to or
subsequent to the administration of the examination, without the
authorization of the instructor.
5. Substituting for, arranging for substitution by another student,
or otherwise representing oneself as another person during an
examination session or comparable circumstance.
6. Altering or changing an examination or comparable document so as
to mislead other users or the reader.
7. Altering, changing, or forging College academic records,
including attendance records or sign-in sheets, regarding one or
others, entering the signature of any academic officer on any
official College form.
8. Causing any false information to be presented at an academic
proceeding or intentionally destroying evidence important to an
academic proceeding.
9. Infringing upon the right of other students to fair and equal
access to any College Library materials and comparable or related
academic resources. This may include theft, mutilation, or
unreasonably delayed responses when materials are requested by
others.
10. Attempting deliberately to prevent other users' access to the
Central Oregon Community College computer system, deprive them of
resources, and degrade system performance, or copying or destroying
files or programs without consent.
11. Falsification of data collected in the conduct of research or
the presentation of falsified data in papers, manuscripts, books or
other documents submitted for publication or as course or degree
requirements.
The above is not an exhaustive list and other
instances of academic dishonesty may occur. Their identification
will require the prudent judgment of faculty and students. The
above definition and examples apply to all Central Oregon Community
College students regardless of the academic unit with which they
are affiliated or within which they are enrolled.
PROCEDURES
The faculty has primary responsibility and authority in
the classroom. The following steps should be followed for all
offenses against the Academic Honesty policy.
1. When an alleged offense against Academic Honesty occurs, the
faculty member will consult with the accused student(s) directly as
to alleged offense.
2. If the faculty member determines that the student has violated
the Academic Honesty policy, the instructor may impose one of the
following sanctions:
• Require the student complete another assignment
• Assign a grade of F or zero on the assignment
• Assign a final grade of F for the course
In the event a case of academic dishonesty is not resolved prior
to the deadline for reporting final grades to the registrar, the
student shall receive a grade of Incomplete ("I") until the
appropriate grade can be determined.
3. Documentation of the violation and sanction must be reported to
the appropriate Academic Dean via the Academic Honesty Code
Violation Form. The instructor and student each retain a copy of
the form and the original is sent to the student's Academic Dean of
record.
4. If the accused student does not believe that s/he has been
justly accused, or believes that the punishment is unreasonable,
the student may file a complaint using the Student Concerns
Procedure outlined in the COCC General Policy Manual.
5. In the case of repeated academic honesty offenses (defined as an
individual student who has been found to have violated the Academic
Honesty policy more than once), the student may be referred to a
formal hearing (as defined in the Code of Student Rights and
Responsibilities) which may result in suspension or dismissal from
Central Oregon Community College.
6. The fact that the student has been found guilty of, or admits
to, a violation of academic honesty, will be made a part of a
permanent record, to be maintained in the Office of the Dean of
Instruction. Such information, however, will not be indicated on
the student's transcript. Availability of such records will be
subject to COCC policies governing access to student
records.
2. Disruption
Disruption or obstruction of teaching, research, administration,
disciplinary proceedings, and other College activities, including
its public-service functions on or off campus, or other authorized
non-college activities, when the act occurs on college premises is
prohibited. Disruption shall include, but not be limited to the
following:
• Physical violence or abuse of any person or College-owned or
controlled property, or verbal abuse, threats, intimidation,
harassment, coercion and/or other conduct which threatens or
endangers the health or safety of any person.
• Deliberate interference with academic freedom and freedom of
speech, including not only disruption of a class, but also
interference with the freedom of any speaker invited by any section
of the College community to express his/her views. (Faculty is
authorized to have students removed from class if warranted.)
• Forcible interference with the freedom of movement of any member
or guest of the college.
• Blocking of entry ways to buildings, rooms, or sections of
buildings, or of hallways, or stairways, in such fashion that
people find it difficult or impossible to pass.
• Blocking of vehicular traffic.
• Noisemaking or other physical behavior which is so distracting
that it becomes difficult or impossible to conduct a class, a
meeting, or any other authorized event.
• Congregating in such a fashion as to create a situation which
could endanger life or property.
• Incitement to any of the above-mentioned actions, or to other
violations of College policy which could result in such actions,
whether orally, through written materials, electronic materials or
pictures.
B. GENERAL CAMPUS
General Provisions
Attempted Violations
Attempts to violate this Code, including unsuccessful
attempts, are prohibited and are subject to the same response under
this Code as are actual violations
Complicity
A student present during the commission of an act by
another student which constitutes a violation of College policy may
also be charged if his/her subsequent behavior constitutes a
permission or condemnation of the violation. Students witnessing
any act(s) which constitute(s) a violation of College policy are
required to report such incidents to the proper authorities.
Students who are believed to have assisted in violating any
provision of this Code may be charged with a Code violation to the
same extent as those persons committing a violation.
Public Laws
Any act by a student which constitutes a charge of a violation of a
public law, occurring either on or off campus, may establish cause
for legal and/or disciplinary action by the College.
Offenses Against Persons
Abuse of Self or Others
Inflicting mental or bodily harm upon any person (including one's
self), engaging in any intentional or reckless action from which
mental or bodily harm could result (including one's self) and/or
causing a person to believe that the offender may cause mental or
bodily harm is prohibited.
Assault and/or Battery
No student shall threaten bodily harm or discomfort to another such
as would constitute an assault. Nor shall any student commit, or
aid in the intentional commission of, an act which causes bodily
harm or discomfort to the person of another such as would
constitute a battery Physical abuse includes, but is not limited
to, personal injury, physical restraint against a person's will,
and holding or transporting an individual against his or her
will.
Threats
Verbal or written communication which unlawfully exposes
any individual or group to hatred, contempt, or ridicule, and
thereby injures the person, property, or reputation of another, is
prohibited. Verbal or written communication which threatens another
of a crime or offense, or threatens injury to the person, property,
or reputation of another, or maliciously threatens to expose
another to disgrace is prohibited.
Extortion
Verbal or written communication which threatens another
of a crime or offense, or threatens injury to the person, property,
or reputation of another, or maliciously threatens to expose
another to disgrace with the intent to extort money or other
advantage whatsoever, is prohibited.
Harassment
Threatening or causing non-physical abuse or abusive behavior
towards another person, including, but not limited to, verbal or
written statements which constitute a form of expression
unprotected by law, such as obscenity, fighting words, and
defamation. Non-physical abuse means psychological abuse or abusive
behavior through verbal or written statements which intend to or
could reasonably be foreseen to cause embarrassment, humiliation,
shame, fright, grief, or intimidation. Examples of harassment
include but are not limited to:
a. Sexual Harassment
It is the policy of COCC that no member of the college community
may sexually harass another. Any employee or student will be
subject to disciplinary action for violation of this policy.
Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature constitute sexual
harassment when:
1. submission to that conduct is made either explicitly or
implicitly a term or condition of an individual's employment or
education;
2. submission to or rejection of such conduct by an individual is
used as the basis for academic or employment decisions affecting
that individual; or
3. the conduct has the purpose or effect of substantially
interfering with an individual's academic or work performance or
creating an intimidating, hostile, or offensive employment,
education, or living environment.
Examples of sexual harassment may include, but are not limited to,
the following:
• unwelcome sexual propositions
• sexually graphic comments about a person's body
• unwelcome touching, patting, pinching, or leering
• persistent, offensive, and unwelcome sexual jokes and
comments
• unwelcome displays of sexually graphic pictures
Sexual harassment is illegal under both state and federal law.
It is also unlawful to retaliate against an employee or student for
filing a complaint of sexual harassment or for cooperating in an
investigation of sexual harassment. In some cases, sexual
harassment may be subject to prosecution under criminal law. At
COCC, sanctions for sexual harassment by employees and students may
include the full range of disciplinary actions up to and including
termination of employment or expulsion from the college. See the
College General Procedure Manual HR-3-1
b. Discriminatory Harassment includes verbal
or physical abuse of individuals because of their membership in a
group. Students and staff should not be subject to harassment
because of their ethnicity, religion, political viewpoint or sexual
orientation.
Hazing
Oregon Statute prohibits students from engaging in any
kind of hazing action or situation on or off campus. "Hazing" means
any act committed by a person, whether individually or in concert
with others, against a student in connection with pledging, being
initiated into, affiliating with, holding office in, participating
in, or maintaining membership in any organization that is
affiliated with an educational institution; and that is intended,
or should reasonably be expected, to have the effect of
humiliating, intimidating, or demeaning a student or endangering
the mental or physical health or safety of a student. Hazing also
includes soliciting, directing, aiding, or otherwise participating
actively or passively in such acts. Hazing occurs regardless of the
consent or willingness of a person to participate in the activity.
Hazing may occur on or off campus.
"Hazing" does not include any activity or conduct that furthers
legitimate curricular, extracurricular, or military training
program goals, provided that (1) the goals are approved by the
College; and (2) the activity or conduct furthers the goals in a
manner that is appropriate, contemplated by the College, and normal
and customary for similar programs at other educational
institutions.
Non-Consensual Sexual Act
Any actual or threatened non-consensual sexual act is
prohibited.
Stalking
Stalking, which is willfully, maliciously, and repeatedly
following, contacting, or harassing another person in a manner
which would cause a reasonable person to feel frightened,
intimidated, threatened, harassed, or molested.
Offenses Against Property
Damage or Destruction of Property
Destroying or vandalizing property, including accidental damage or
vandalism, to property including but not limited to Central Oregon
Community College property, facilities, and/or equipment is
prohibited.
Emergency Equipment
Fire escapes, ground-level fire doors, fire hoses, extinguishers,
and alarm equipment are to be used only as emergency devices.
Blocking of fire exits or other means of impeding traffic is
prohibited. Abuse, tampering with fire detection or alarm devices,
or misuse of fire extinguishing equipment will not be tolerated.
Offenders are subject to disciplinary action.
Fire Safety
No student shall commit, or aid in the intentional commission of,
an act which results in a fire being ignited which causes damage,
or is intended to cause damage, to the property of the College or
to the property of any other person. Falsely reporting a fire or
other emergency situation, including, but not limited to,
activating a fire alarm or pre-alarm cover when there is no
reasonably perceived emergency is also prohibited.
Theft, Unauthorized Possession and/or Sale of
Property
Students involved in theft, unauthorized possession, and/or sale of
property not belonging to them are subject to College disciplinary
action as well as to arrest and prosecution by legal authorities.
Students are required to make full restitution. Students in
possession of property owned or controlled by the College (i.e.,
the bookstore, library, audio-visual department, athletic
department) or of another person without authorization or payment
for such property will be subject to College disciplinary
action.
Trespassing
Trespassing upon, forcibly entering, or otherwise
proceeding into unauthorized areas of College owned or leased
buildings or facilities, their roofs, or the residential space of
another without permission.
Unauthorized Use of College Facilities
The unauthorized use of, or entry into, any college
facilities (i.e. classrooms, athletic fields), whether by force or
not, is prohibited.
Public Order/College Order Offenses
Activities and Events On-Campus
Use of college facilities for on-campus activities and
events (i.e., outdoor concerts, student rallies, outside speakers)
is prohibited on any of Central Oregon Community College property
except in areas designated by the proper college authority and
subject to any limitations and provisions established by the
director of Campus Services or designee.
Bad Checks
Students shall not make and/or deliver any check to the College
which is not supported by sufficient funds on deposit or is in any
way worthless.
Breach of Peace
Conduct or expression on College-owned or controlled
property which disrupts the orderly functioning of the College, or
which is lewd, indecent or obscene, is prohibited.
Contracting or Representation in the Name of the
College
Students are prohibited from contracting in the name of Central
Oregon Community College and may not claim to be official
representatives of the College for any commercial purposes.
Dress Standards
Students must comply with standards of dress established
for safety or health reasons in specific classes which require a
dress standard.
Falsification of Records
Falsification of College records, including but not
limited to admission, registration, student disciplinary and health
records, by forgery or other means of deception, is
prohibited.
Identification
Students are required to present student identification
when requested by authorized College officials on college property
or at college sponsored events. Any misrepresentation, alteration
or misuse of identification is prohibited.
Distribution or Sale of Literature or Goods
Distribution or sale of literature or goods on the
campus, including campus mail, must be approved by the Director of
Student Life in accordance with the College Policies and Procedures
Manual.
Obeying Reasonable Order of College Officials
Students are required to comply with reasonable requests
or orders by authorized College officials or representatives acting
in behalf of the College. This requirement includes reasonable
requests for students to meet appointments in administrative
offices and at disciplinary investigations and hearings.
Parking
Students must to park in student-designated spaces only.
Failure to do so may result in a citation from a civil authority as
well as disciplinary action on part of the College. Detailed
information on COCC's regulations can be found in the COCC
Traffic/Parking Regulation handbook which is available from Campus
Services.
Providing False Information
No student shall knowingly give false or perjured testimony in any
College investigation or proceeding. No student shall knowingly
give false information to a College official or show reckless
disregard for truth.
Recognition of Student Groups
In order to be classified as a student organization, established
recognition procedures must be met and approved by the Associated
Students or the Office of Student Life
Search and Seizure
College officials reserve the right, with probable cause, to search
lockers or other College property when deemed necessary to uphold
the basic responsibility of the College regarding discipline,
safety, and the maintenance of an educational atmosphere.
Contraband items will be confiscated and may be used as evidence in
disciplinary cases. Briefcases, handbags, and other such containers
may be searched in the library, in laboratories, in the bookstore,
and at other places where materials or equipment are not
secured.
Use of Vehicles
Riding of bicycles in hallways, in buildings, or on
walkways is prohibited. Motorized vehicles are prohibited in areas
other than designated roadways and parking lots. Mopeds are
considered in the same category as bicycles. In-line skating or
skateboarding is prohibited on the campus of Central Oregon
Community College in any locations or at times which, in the
discretion of campus officials, constitute a pedestrian or motor
traffic hazard, or which imperil the health or safety of persons
and property on the campus. Due to Fire Marshall restrictions,
bicycles are not permitted in buildings under any circumstances.
Bikes may be locked only in approved locations (not to include
handrails and/or lampposts).
Violation of Probation
A student who is alleged to have violated the Code of
Conduct while being subject to Disciplinary may be charged with the
separate offense of violating disciplinary probation.
Weapons, Firearms, Fireworks,
Explosives
No firearms, explosives, ammunition, weapons, or fireworks of any
kind are permitted to be carried or used on campus except by
authorized civil authorities in the discharge of their
duties.
Alcohol and Drug Offenses
Alcohol / Illegal Drugs
Drug-Free Campus. The unlawful possessions, use or distribution of
illicit drugs and/or alcohol is prohibited on COCC property and
grounds.
Controlled Substances
Possessing or using controlled substances as defined by
federal, state, and local statutes. (Controlled substances may be
taken pursuant to a properly issued prescription, provided the
controlled substance is taken as and in the amount
prescribed.)
C. OTHER COLLEGE POLICIES
Acceptable Use of College Computer Services
The college makes available computing and network
resources for students. Appropriate use of the resources includes
instruction, independent study, and campus communications. those
who avail themselves of the campus and network computing services
are required to behave in their use of the technology in a manner
consistent with the College Student Rights and Responsibilities
Code of Conduct.:
Respect the right, privileges and sensibilities of each other is
essential in preserving the spirit of community at COCC. Actions
which make the atmosphere intimidating, threatening, or hostile to
individuals are therefore regarded as serious offenses. Abusive or
harassing behavior, verbal physical or electronic which demeans,
intimidates, threatens or injures another because of his or her
characteristics or beliefs is subject to the Colleges disciplinary
sanctions.
The computing and network resources of the College may not be used
for commercial purposes or for financial gain. Students utilizing
the COCC conferencing system will abide by the conditions set forth
in the COCC/NSFNET Backbone Services Acceptable Use Policy.
Students are required to acknowledge they have read and understand
this policy prior to receiving their COCC conferencing
account.
Children On Campus
Only students who are enrolled in a given class or lab
may sit in the class or lab. Children (under high school age 14)
are not permitted to be enrolled as a student at Central Oregon
Community College. Children (under high school age 14) are not
permitted on campus unless directly supervised by a responsible
adult. This adult accepts responsibility for maintaining acceptable
behavior on the part of the child. The responsible adult will be
asked to remove the disrupting child or children. Notwithstanding
the above, children (under high school age 14) are not permitted in
the College's Fitness Center in Mazama Hall at any time.
NOTE: Exceptions would, with an instructor's concurrence,
include students here at the invitation of the College, such as
Honor's Day guests, Senior and special class visitation, etc.
Designated Public Forum
To promote the free exchange of ideas, Central Oregon
Community College acknowledges students, faculty, employees, their
first amendment right to engage in free speech on campus in
accordance with maintaining an environment that is not disruptive
to the educational purpose of the institution The College has the
discretion of designating a Designated Public Forum space for the
purpose of open public communication for students, faculty, staff
and the general public. The College may enforce content-neutral
time, manner, and place regulations on expression in the
Designated Public Forum
The Designated Public Forum will be located at the
convergence of the paved walkways from Ochoco and Grandview to the
Modoc plaza area on the Bend Campus and the East entrance to the
MATC building on the Redmond Campus.
Use of the above Designated Public Forums is limited to daylight
hours during the College's normal operating schedule. Students and
staff may reserve use of the Designated Public Forum
through the Office of Student Life. General Community may reserve
use of the Designated Public
Forum through the Campus Services
Office.
Speakers must have all printed materials approved prior to use of
the Designated Public Forum. Speakers are responsible to ensure
that all printed and other materials brought into the Designated
Public Forum are removed at the conclusion of the activity, and
that college funds shall not be required to return the Designated
Public Forum to its original condition as the result of any
individual or group exercising their
rights of Free Speech in this area.
Speech in the Designated Public Forum shall not be limited except
that:
1. There shall be no use of electronic or other sound
amplification that interferes with the conduct of classroom,
laboratory, library, office or activities on campus.
2. Speakers will not attempt by repeated demands, threats, or
otherwise to coerce passersby into stopping and participating in
debate or discussion.
3. Interfere with, impede, or cause blockage of the flow of vehicle
or pedestrian traffic.
4. There shall be no obscene or slanderous speech or distribution
of obscene or libelous materials.
5. No speech shall express or advocate racial, ethnic, religious,
sex-based, other hate-based prejudice or other speech that incites
students so as to create a clear and present danger of the imminent
commission of unlawful acts or of the substantial disruption of the
orderly operations of the college.
6. The Designated Public Forum will not be used for any commercial
activity, nor shall there be any solicitation of funds of any kind
in the area, nor shall there be any implied solicitation of funds
in the area.
Gambling
Gambling is not permitted on campus.
Pets
Pets are not permitted on campus.
Smoking
Smoking is banned in all of the buildings of Central
Oregon Community College. Smoking or the use of smokeless tobacco
is limited to campus parking lots. During high fire danger periods,
smoking will be banned completely.
THE JUDICIAL SYSTEM & PROCEDURAL RIGHTS
Judicial Process
A. Reporting Violations
1. Any student, staff, faculty, community member, or
Police officer may report any perceived violation of this Code
and/or College policies and procedures. The report may be made to
the Juniper Hall Housing Manager, if the perceived violation
occurred in the residence halls, or to the Office of Student Life.
Perceived criminal activity should be reported immediately to the
Office of Campus Services or the Police, which will submit its
report of a student violation to the Office of Student Life.
2. The Office of Student Life or designee may decline to adjudicate
a complaint that if proven, would not constitute a violation of the
Code. All other complaints will be adjudicated.
3. When the Office of Student Life or designee decides to
adjudicate a complaint, it may do so by a pre-hearing disposition
of the charge with the student or by adjudicating the matter
through the student judicial process.
4. The Office of Student Life may elect to wait for any outstanding
incident report before adjudicating a complaint. For example, the
Office of Student Life may elect to wait for a Police report when
it believes that the police report will provide significant
relevant information.
B. Interim Suspension
Generally, student status is not altered pending hearing and
appeal, unless preliminary evidence demonstrates that a student's
continued presence on campus would pose a threat to the student's
health or safety, or the health, safety, or well-being of other
persons within the College community, in which case, the student
may be suspended on an interim basis. Except in an emergency
situation, the Dean of Students or designee will communicate with
the student before instituting the suspension. The Dean of Students
or designee will state, in writing, the terms and conditions of the
interim suspension.
C. Notice
A student charged with violating a College policy or rule
shall be given written notice to meet with the Director of Student
Life or designee at a specific time, date and place for a
conference regarding a charge of misconduct.
D. Required Attendance
Failure on the part of the student to meet as requested for an
informal or formal hearing may result in a decision being made in
the student's absence. The student shall be notified of this
decision by certified return mail. Records, registration and
transcript details may be held in abeyance until the student
follows up on a Notice to Appear.
E. Victim Notification
Upon request of a victim (or victim's next of kin, if the
victim is deceased as the result of the offense) of a violent crime
or a sex offense, COCC will provide a report on the results of any
disciplinary proceedings against a student who is the alleged
perpetrator of the offense.
F. Hearings
There are two levels of hearings, informal and formal.
The informal hearing shall be held for all misconduct cases. The
results of these hearings will be considered binding when the
decision of the hearing officer calls for a disciplinary action
that does not include expulsion from the college or eviction from
Juniper Residence Hall. If the student claims responsibility for
actions or there is overwhelming evidence of student responsibility
during the informal hearing process, the result could include
indefinite or long-term suspension.
Formal hearings are held where alleged misconduct could result in
such disciplinary action as final expulsion, indefinite or long
term suspension from the college or eviction from Juniper
Hall.
1. Informal Hearings
The Director of Student Life or designee shall conduct an informal
hearing with the student at which time the College official
shall:
a. Review the charges with the student.
b. Review the incident report or other documentation upon which the
charges are based
c. Review the possible disciplinary action that could be taken if
found guilty.
d. Provide the student an opportunity to respond to the
charges.
e. Discuss the charges and the student's response. The student
shall be given an opportunity to plead responsible or not
responsible to the charges.
f. Inform the student of his/her decision with respect to the
charges within 2 business days of the conference via a written
decision letter. Possible actions that would result from the
informal hearing include but are not limited to:
• Dismiss the charges.
• Assign sanctions.
• Order restitution.
• Order probation.
• Order a summary suspension.
• Order a formal hearing.
g. The written decision of the conference will notify the student
that s/he has a right to appeal that decision to the Dean of
Students within five (5) business days from the date the hearing
decision was received. Please see below for further information on
appeals.
2. Formal Hearings
Formal hearings are held in cases where alleged misconduct could
result in such disciplinary action as final expulsion, indefinite
or long-term suspension from the College. The President or designee
will appoint the Hearings Officer. The procedural requirements are
as follows:
Notice: The written notice of the formal hearing shall inform
the student of:
• The policy or regulation alleged to have been violated in
sufficient detail to allow the student to prepare a defense.
• The possible disciplinary action to be taken.
• The right not to be compelled to testify against oneself.
• The right to a hearing as established under these disciplinary
procedures.
• The right to examine the evidence, hear all testimony and to ask
questions of witnesses appearing and testifying against him/her and
to offer witnesses and evidence in his/her behalf. Such evidence
must be requested 48 hours before the hearing
• The right of an advisor of his/her choice, at his/her own
expense, acting in an advisory capacity only. The name and address
of the advisor shall be provided to the office of Student Life no
later than 24 hours prior to a hearing. The advisor is not
permitted to speak at the College hearing.
• The right to enter a plea of responsible or not responsible
within three school days after the charge. If the student fails to
enter a plea within three school days, a plea of not responsible is
entered and a hearing date being set by the Hearings Officer.
• The right to bring witnesses to the hearing. A witness is a
person who has personal knowledge of the incident at issue.
Character witnesses are considered irrelevant and will not be
permitted to testify. A person who serves as a witness may not
serve in any other capacity during the hearing. The student must
submit a list of witnesses to the hearing officer 24 hours in
advance of the hearing. The list should include each witness' name
and a summary of the witness' expected testimony. It is the
student's responsibility to bring his/her witnesses to the hearing
at the scheduled date and time.
3. Hearing Procedures
The purpose of a hearing is to review all the facts and to consider
testimony, both written and oral, in an effort towards determining
whether or not College policy has been violated and whether or not
the student should be disciplined, and if so, what disciplinary
action should be taken.
a. Closed Hearing. All proceedings are closed, except that an
alleged victim(s) may be given permission by a hearing officer to
attend. Those present in the hearing room will be the Hearing
Officer, college staff recorder, the student's advisor, and the
student involved in the action. In addition, witnesses will be
interviewed individually.
b. Unbiased Adjudicator. Hearing Officers must remove themselves
from hearing a case if they believe that they cannot be unbiased.
Respondent will be notified of the hearing officer(s) who will
consider the Charge at least 3 business days before the hearing. If
respondent or other interested party believes the hearing officer
cannot be unbiased, s/he must write to the Dean of Students in the
Office of Student Life to request a replacement, stating the
specific reasons s/he believes the hearing officer would be biased.
The written request must be made a minimum of 2 business days
before the hearing is scheduled to be held. If the Dean of Students
agrees, s/he will reassign the Charge to a different Hearing
Officer, but the hearing date will remain unchanged if
possible.
a. Hearing Record. The hearing officer will make a record of the
hearing. If the College deems it appropriate, the hearing will be
audio tape recorded. The recording will remain on file in the
Office of Student Life.
b. Maintaining Order. The hearing officer is responsible for
maintaining order during the hearing. The hearing officer may take
all steps reasonably necessary to ensure an orderly hearing.
c. Presenting Evidence/Questioning Witnesses. The student will have
an opportunity to present relevant information and witnesses in
response to the Charge. The student will have the opportunity to
examine all information leading to the charge(s) and to respond to
all witness testimony. The hearing officer will question witnesses.
The student may not question witnesses directly, but may submit
questions to the hearing officer, who will decide which, if any, of
the questions to ask witnesses. Witnesses who have already
testified may not talk with witnesses who have not yet
testified.
d. Requesting Evidence. The student or the hearing officer may
request the presence of relevant witnesses. If an alleged victim or
a witness is not present at the hearing, his/her presence can be
requested.
e. Sexual Offenses. A victim of an alleged sexual offense or
assault may testify via an intercom or other remote audio or video
device, so that s/he may testify without face-to-face contact with
the accused student. The identity of all witnesses who testify must
be known to the accused student. In no event may testimony via
intercom or other remote device be used to keep the alleged
victim's identity from the accused student.
f. Anonymous Evidence/Evidence Received Outside the Hearing. The
hearing officer will refuse to accept or hear any evidence coming
from an anonymous source or evidence which is presented outside of
the hearing.
g. Relevant Evidence. The hearing officer will decide whether to
admit evidence. Rules of evidence used in courts of law are not
used in this judicial process. Generally, a hearing officer will
agree to hear evidence which is relevant to the subject matter of
the hearing and is fair and reliable under the circumstances of the
case. Character witnesses generally are not considered
relevant.
h. Adjudicatory Standard. The hearing officer/judicial council will
determine whether the Respondent is "responsible" or "not
responsible" for the alleged violation. The Respondent will be
presumed "not responsible" until proven otherwise by a
preponderance of the evidence. A preponderance of the evidence is
reached when the hearing officer/Judicial Council concludes that it
is more likely than not that the Respondent violated the Code as
alleged in the Charge.
i. After reviewing available information on the case, the Hearings
Officer will afford the student an opportunity to make his/her
final comments before a decision is made.
j. Written Hearing Decision. The hearing officer will provide a
written decision to the student within 2 business days following
the hearing. The hearing decision will state what evidence the
hearing officer/judicial council considered and how it reached its
decision based upon that evidence. If the Respondent is found
responsible, the hearing decision will state what sanctions will be
imposed.
k. Notice of Appeal. The Respondent will be notified upon receiving
the hearing decision that s/he has a right to appeal that decision,
as described below, to the Judicial Affairs Officer or designee
within five (5) business days from the date the hearing decision
was sent.
4. Appeals Procedure
1. Individuals wishing to appeal disciplinary decisions
made through the informal or formal hearing process may do so to
the Dean of Students or designee within five (5) business days from
the date the hearing decision was received.
2. Appeal Procedures
a. Bases for Appeal. The hearing decision may be appealed for the
following bases only: (1) a procedural error unfairly and
materially affected the outcome of the case, (2) evidence has been
discovered which was not reasonably available at the time of the
hearing, and/or (3) a clear abuse of discretion on the part of the
hearing officer.
b. Submitting an Appeal. To appeal, the Respondent must submit a
written statement to the Dean of Students or designee stating, as
precisely as possible, the basis for the appeal and the evidence to
support the appeal.
c. Consideration of Appeal. Upon receipt of the appeal, the Dean of
Students or designee may elect to meet with the Respondent to
discuss the appeal and, if necessary, hear the new evidence. The
alleged victim may be given an opportunity to respond to the
appeal.
d. Written Appeal Decision. The Dean of Students or designee will
render a written decision regarding the appeal. If the appeal is
granted, the Dean of Students or designee will state on what basis
the appeal was granted and describe any new evidence that was
received and considered in rendering an appeal decision. The appeal
may modify the hearing decision, including sanctions, as warranted.
The appeal decision is final.
5. Post-Hearing Procedure
If the student fails to comply with the sanctions imposed upon
him/her, as may have been modified by appeal, the hearing officer
retains the power to impose additional sanctions on the student, up
to and including dismissal from the College. In addition to the
sanctions listed in the next section, the hearing officer may place
a hold on the student's future registration privileges with the
College. Such a hold results in a cancellation of all
pre-registered courses. The hold remains in effect until the
outstanding judicial matter and/or sanctions have been resolved and
the initiating party authorizes its release. This action is not
subject to appeal unless the sanction involves suspension from the
residence halls or suspension/dismissal from the College. In these
instances, an appeal may be filed using the procedure set forth
above
F. Sanctions
The following forms of discipline may be imposed on a student
who is guilty of misconduct:
A. Warning Notice that a student's conduct in a specific instance does not
meet College standards and that continued misconduct may result in
a more serious disciplinary action.
B. Disciplinary Probation
Notice that the student found in violation of the College
standards may continue to be enrolled under stated conditions,
violations of which may be cause for more serious disciplinary
action.
C. Restitution
Compensation for loss, damage to or misappropriation
of property or injury. This may take the form of appropriate
service to repair or otherwise compensate for damages. Restitution
may be imposed in combination with any other penalty.
D. Educational Sanction
These may include, but are not limited to:
All alcohol and other drug education classes, as well as
sessions with a CDAC, may have fines or fees associated with them
which must be paid for by the student.
E. Community Restitution
Performance of a specified number of community restitution
hours. This sanction will be fulfilled either on or off campus, as
specified. On campus service will be in a specified department.
F. Fines
When appropriate, fines payable to the college may be levied for
selected policy violations.
G. Suspension From Residence Halls
Prohibits the student from residing in any College-operated
residence hall on either a temporary or a permanent basis. Student
may reapply for housing after stated period of suspension. Specific
restrictions on access to residence halls during the period of
suspension may also be invoked. Suspension usually includes
forfeiture of any fee rebate for the remainder of the housing
contract.
H. Suspension by an Instructor
An instructor has the authority to immediately remove a student,
who in the judgment of the instructor, is violating the College
disruption policy or whose behavior jeopardizes the safety or
wellbeing of the class.
I. Summary Suspension from College
A student may be suspended from presence on campus and
participation in any or all programs (including academic programs)
and any and all activities sponsored by the College, by the College
President or designee, when the alleged acts are so serious that
the continued presence of the student in the College community
represents a potential danger to the health, welfare, and safety of
the College or community or which places the educational mission of
the college at risk. The determination of the seriousness of the
alleged act shall be in the sole discretion of the College
President or designee. Such suspension shall be in effect until a
formal disciplinary hearing with the College President or designee
has taken place. Determination of continued suspension or expulsion
will be made through the formal hearing process.
J. Deferred Suspension
Placement on deferred suspension status
during which there is observation and review of behavior. If the
student is found to further violate college regulations during this
period then the student is suspended without further hearings.
Deferred suspension may be for a period of one term up to and
including the remainder of a student's enrollment at the college.
K. Suspension from College
Separation of the student from the college for a
definite period of time, after which the student is eligible to
return. Such separation prohibits attendance at any classes and
participation in any College programs during the suspension period.
The terms of the suspension may restrict access to College grounds
or buildings, as well as attendance at College-sponsored social
events, or other functions, as deemed appropriate by the College
President or designee. The student may not register and/or enroll
until the stated period of suspension is completed, and any
requirements for the period of suspension are met.
L. Expulsion
Expulsion for an indefinite period of time includes
loss of all College privileges including college employment and the
privilege of entering any portion of the campus, participation in
any campus programs or any activities sponsored by the College
except by written authorization from the Office of the College
President or designee.