• Student Rights and Responsibilities

  • S-3-0       STUDENT RIGHTS AND RESPONSIBILITIES                       Revised: 10/3/06

    Central Oregon Community College reserves the right to make changes in the rights, regulations, procedures, and information contained herein as educational, financial, and legal considerations require, subject to and consistent with established procedures and authorizations for making such changes. Academic policies in the Central Oregon Community College Catalogue supersede the academic policies listed in this document if in conflict. Additionally, some academic programs may have additional student conduct requirements in addition to the policies contained in this document.

    PREAMBLE

    Central Oregon Community College exists for the open exchange of knowledge and philosophies, the development of capacity for critical judgment and the creation of an atmosphere conducive to the independent search for truth and to the gaining of practical experience in our community. Free inquiry and free expression are indispensable to the attainment of these goals. The institution has a responsibility to develop policies which encourage the broadest participation of the college community.

    The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The purpose of the Student Rights and Responsibilities document is to enumerate the essential provisions for students' freedom and for students to understand how they participate responsibly in the college community.

    COCC is committed to providing equal opportunity in its recruitment, admission and educational programs, activities, and employment, without discrimination on the basis of age, disability, national origin, race, color, marital status, religion, sexual orientation, or sex. Various state and federal laws enforce this policy. These include Title IX which prohibits sex discrimination in education and Section 504, which prohibits discrimination on the basis of disability.

    Faculty, staff, and students are protected from discrimination in the form of sexual harassment under Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendment of 1972.

    Central Oregon Community College is committed to the prevention of illicit drug use and the abuse of alcohol by both students and employees. In compliance with the Drug-Free Workplace Act of 1988 (Public Law 100-690), Title V, Subtitle D) and the Drug-Free Schools and Committees Act Amendment of 1989 ( Public Law 101-226), it shall be the policy of Central Oregon Community College to maintain a drug-free campus for all employees and students. In accordance with ORS 475.300 - 475.346, COCC's Drug-Free Campus Policy includes prohibiting the use of medical marijuana on campus property or for any campus-sponsored class, activity or event regardless of location.

    Persons who, because of physical or learning disability, need special accommodation should contact ADA Coordinator Joe Viola: 541-383-7775 or Section 504 Coordinator, Anne Walker, 383-7743, in advance of their need for accommodation.

    Further inquiries may be directed to the Affirmative Action Officer, Sharla Andresen, 383-7208

  • SECTION I: Teaching and Learning Values

    The following shared values concerning teaching and learning at Central Oregon Community College express those beliefs which guide the institution in the development of the mission, goals, philosophy and operational values.

    A. Central Oregon Community College values learning.

    To support this value, the College
    • creates an environment conducive to teaching and learning.
    • supports life-long learning.
    • encourages the free interchange of ideas and beliefs.
    • provides the resources necessary for teaching and learning.
    • provides advisement and counseling to support the needs of students.
    • expects everyone to participate actively in the learning process.
    • addresses the learning needs of the community.
    • emphasizes communication skills.
    • provides appropriate technology to support teaching and learning.
    • encourages and supports learning outside the classroom. 

    B. Central Oregon Community College values change in order to meet educational needs and to improve learning. 

    To support this value, the College
    • encourages and supports innovation and creativity.
    • responds to the changing educational needs of the community.
    • anticipates the future needs of the community.
    • supports staff development.
    • respects and accepts different learning and teaching styles. 

    C. Central Oregon Community College values access to learning while maintaining quality.

      To support this value, the College
    • provides supportive services to assist students in meeting their educational goals.
    • offers students developmental learning opportunities.
    • provides professional /technical education and training which prepares students with work-force skills necessary for employment at a family-wage level.
    • expects students to meet defined standards.
    • provides academic programs which prepare the graduate to succeed in upper division learning.
    • provides educational opportunities for personal development.
    • structures the admissions process to encourage enrollment.
    • provides a variety of scholarships and financial aid programs.

    D. Central Oregon Community College values diversity in order to broaden understanding and learning.

    To support this value, the College
    • encourages interdisciplinary educational programs.
    • teaches students about diverse cultural, economic, political, and social environments.
    • helps students to understand themselves and others. 

    Definitions When Used in the Code

    1. The term College means Central Oregon Community College.

    2. The term student includes all persons enrolled in or auditing any course at Central Oregon Community College, those who attend post-secondary educational institutions other than Central Oregon Community College and who reside in college residence halls, and any persons dually admitted to OSU-Cascades. Any course registration, whether in a non-degree or degree seeking program, characterizes the person as a student from the point of registration to the completion of course of study. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the college are considered, for the purposes of this code, students. Examples include, but are not limited to, students who are enrolled, but not taking classes due to an academic break, medical or other personal leave; and/or students participating in study abroad programs.

    3. The term "faculty member" means any person hired by the college to conduct classroom activities.

    4. The term "college official" includes any person employed by the college, performing assigned administrative or professional responsibilities.

    5. The term "member of the college community" includes any person who is a student, faculty member, college official, or any other person employed by the college. A person's status in a particular situation shall be determined by the Dean of Students or designee for the purposes of this code.

    6. The term "college premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the college.

    7. The terms "club" and "organization" means any number of persons who have complied with the formal requirements for college recognition and/or registration.

    8. The term "shall" is used in the imperative sense.

    9. The term "may" is used in the permissive sense.

    Jurisdiction of Central Oregon Community College 
    The Code of Student Rights and Responsibilities (the "Code") applies principally to conduct which occurs on College premises or at College-related activities or facilities. College premises mean all land, buildings, facilities, and other property owned or leased by Central Oregon Community College. Off-campus conduct may also subject a student to disciplinary or other appropriate administrative action where it reasonably is perceived to adversely affect the college community and/or the pursuit of its objectives.

  • 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:

    • a formal apology, in writing and/or in person
    • a public presentation
    • reading books
    • watching videos
    • a reflective essay or a research paper on a designated topic
    • alcohol and other drug education which may require the completion of: 

       -Alcohol and Other Drug Education 
      -Consultation with a Counselor and completion of any/all referrals made as a result of the consultation
      -Specified number of sessions with a Certified Drug and Alcohol Counselor (CDAC)

    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.

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