Student Rights, Standards of Student Conduct, Discipline, and Appeal Procedures

I. Preamble.  

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of this academic community, students are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic conditions in the classroom, on the campus, and in the community. Students should exercise their freedom with responsibility. As members of the larger community of which the College is part, students are entitled to all rights and protection accorded them by the laws of the community.

Students are also subject to all laws, the enforcement of which is the responsibility of duly constituted authorities. When students violate laws, they may incur penalties prescribed by legal authorities. In such instance, college discipline will be initiated only when the presence of the student on campus will disrupt the educational process of the College. However, when a student’s violation of the law also adversely affects the College’s pursuit of its recognized educational objectives, the College may enforce its own regulations. When students violate the College regulations, they are subject to disciplinary action by the College whether or not their conduct violates the law. If a student’s behavior simultaneously violates both the College regulations and the law, the College may take disciplinary action independent of that taken by legal authorities.

II. Student Rights. 

1. All rights and privileges guaranteed to every citizen by the Constitution of the United States and by the State of North Carolina shall not be denied any student.
2. Students are free to pursue their educational goals. Appropriate opportunities for learning in the classroom and on the campus shall be provided for by the College. Student performance will be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.
3. Students have the right to freedom of expression, inquiry, and assembly without restraint or censorship; subject to reasonable and nondiscriminatory rules and regulations regarding time, place, and manner.
4. Students have the right to inquire about and to propose improvements in policies, regulations, and procedures affecting the welfare of students through established student government procedures, campus committees, and college departments.
5. The Family Educational Rights and Privacy Act of 1974 provides safeguards regarding the confidentiality of and access to student records, and this Act will be adhered to by the College. Student and former students have the right to review their official records and to request a hearing if they challenge the contents of these records. Bladen Community College may release directory information to appropriate agencies and organizations. Bladen Community College may disseminate information concerning student achievement, honors awarded, or other exemplary actions or conduct.  No other records shall be made available to unauthorized personnel or groups outside the College without the written consent of the student involved except under legal compulsion.
6. Disciplinary Appeals Procedures are established to guarantee due process for a student placed on sanction

III. Standards of Student Conduct

The College reserves the right to maintain a safe and orderly educational environment for students and staff. When a student’s conduct substantially disrupts or threatens to substantially disrupt the College community, appropriate disciplinary action will be taken to restore and protect the safety, peace and integrity of the community. The Vice President for Student Services or designee is responsible for implementing student discipline procedures. In the event any discipline procedure conflicts with state or federal law, the state or federal law shall be followed. The Vice President for Student Services or appropriate administrator shall refer the discipline matter to the appropriate official as outlined by state or federal law.

The following regulations set forth rules of conduct that prohibit certain types of student behavior. Students are expected to act and dress appropriately for a college environment. Neither actions nor dress should distract others from concentrating on their course of study. The College has established the following code of conduct to ensure that an appropriate college environment is maintained. Violation of one or more of these regulations may result in disciplinary sanctions. Students are not permitted to engage in any of the following activities while participating in any college course, while on campus, while participating in a college-sponsored event, or while in a college owned vehicle.

1. A Violation of the Academic Honesty Policy.
2. Theft of, misuse of, or damage to college property, or theft of or damage to property of a member of the College community or a campus visitor on the College premises or at college-sponsored functions.
3. Trespass that includes unauthorized entry or presence on the property of the College or in a College facility or any area to which entry or presence has been restricted.
4. Violation of the Drug and Alcohol Prevention Program. Furthermore, anyone with the smell of alcohol or drugs or whose observable behavior indicates they are under the influence of alcohol or drugs will not be allowed on the College premises or at college-sponsored or college-supervised functions. Parents are notified when students under the age of 18 violate drug and/or alcohol laws.
5. Lewd or indecent conduct on the College premises or at college-sponsored or college-supervised functions.
6. Mental or physical abuse, including verbal or physical actions which threaten or endanger an individual’s health or safety of any person on the College premises or at college-supervised function.
7. Violation of the Sexual Misconduct, Discrimination, Harassment, and Violence Policy.
8. Intentional obstruction or material or substantial disruption of teaching, administration, or disciplinary proceedings, or other activities, including public service functions and other duly authorized activities on the College premises.
9. Occupation or seizure in any manner of the College property, a College facility or any portion thereof for a use inconsistent with prescribed, customary or authorized use.
10. Participating in or conducting an assembly, demonstration or gathering in a manner which threatens or causes injury to person or property or which is harmful, obstructive to the functions of the College; remaining at the scene of such an assembly after being asked to leave by a representative of the College staff.
11. Possession or use of a weapon on the College premises or at college-sponsored or college-supervised functions, except in connection with a college-approved activity or stored and locked according to NC General Statute 14-269.2 (K).
12. Using or tampering with any fire, emergency callbox, or any other safety equipment, except with reasonable belief in the need for such alarm or equipment.
13. Gambling on the College premises or at college-sponsored or college-supervised functions.
14. Use of smoke-producing and smokeless tobacco products within any college-owned building or college property. Use of any other smoke/vapor producing products within any college-owned building or college property. Includes college-owned and/or leased vehicles.
15. Forgery, alteration, or misuse of college documents, records, or instruments of identification with intent to deceive.
16. Failure to comply with instructions of college officials acting in performance of their duties.
17. Violation of the terms of disciplinary probation or any college regulation during the period of probation.
18. Fiscal irresponsibility such as failure to pay college-levied fines, to repay college-funded loans, or the passing of worthless checks, drafts, or orders to college officials.
19. Violation of a local, state, or federal criminal law on the College premises adversely affecting the College community’s pursuit of its proper educational purposes.
20. Violation of the Technology Use Policy. As to the use of the College’s network, computers and/or software, and/or the use of same to access and/or distribute any and all types of pornographic materials; for the purpose of cyber-bullying; or for sales or solicitation.
21. Unauthorized use of cell phones and other electronic devices during activities where use is directly prohibited (i.e. instructional time).

    The Standards of Student Conduct is not all inclusive. Any conduct which materially and substantially disrupts the educational environment of the College is prohibited.

IV.    Discipline Procedures

Nothing in these procedures shall limit an instructor’s or administrative officer’s discretion to warn a student against violating the Standards of Student Conduct or from removing a student from a single class or activity for the duration of that specific class or activity. No disciplinary sanctions other than a warning or temporary removal may be imposed upon any student except in accordance with this policy.

1. Emergency Suspension: If an act of misconduct threatens the health or well-being of any member of the academic community or seriously disrupts the function and good order of the College, an instructor or administrative officer may direct student(s) involved to cease and desist such conduct and advise them that failing to cease and desist may result in immediate suspension. If the student(s) fails to cease and desist, the instructor may then suspend the student(s) from the class or activity. An administrative officer may suspend the student(s) from either the class, activity, or the College until there is a resolution. The instructor or administrative officer invoking such suspension shall notify the Vice President for Student Services or designee in writing of the individual(s) involved and the nature of the infraction as soon as possible but no more than one (1) day following the incident. The Vice President for Student Services or designee shall resolve the matter in a timely fashion utilizing the steps outlined in Section IV.
2. Disciplinary Process: In order to provide an orderly system for handling student disciplinary cases in accordance with due process and justice, the following procedures will be followed:

1. Charges: 

Any administrative official, faculty member, staff, or student may file charges with the Vice President for Student Services against any student or student organization for violations of college regulations. All charges filed must be submitted in writing to the Vice President for Student Services stating:

a. Names of student(s) involved.

b. Alleged Violation of the Standards of Student Conduct

c. Time, place, and date of the incident.

d. Name of person(s) directly involved or witnesses to the infractions.

e. Any action taken that relates to the matter.

f.  Desired solutions.

2. Investigation and Decision:

Within ten (10) working days after the charge is filed, the Vice President for Student Services or designee shall complete a preliminary investigation of the charge which shall include a meeting with the student. The Vice President for Student Services or designee may elect to assemble an assessment team to assist in evaluating and assessing a student’s behavior. After discussing the alleged infraction with the student, the Vice President for Student Services or designee may act as follows:

a. Drop the charges.

b. Impose a sanction consistent with those shown in Section V.

c. Refer the student to a college department or community agency for services.

3. Notification: 

The decision of the Vice President for Student Services or designee shall be presented to the student in writing immediately following the meeting with the student. In instances in which the student cannot be reached to schedule an appointment with Vice President for Student Services or designee, in which the student refuses to cooperate, or in which the health and safety of the campus community is at continued risk by the student’s presence, the Vice President for Student Services or designee shall send a certified letter to the student’s address on file. The certified letter will present a list of charges, the Vice President for Student Services’ or designee decision, and instructions governing the appeal process (Section VI).

V.  Sanctions

1. Reprimand: A written communication which gives official notice to the student that any subsequent offense against the Standards of Student Conduct will carry heavier penalties because of this prior infraction.
2. General Probation: An individual may be placed on General probation when involved in a minor disciplinary offense. General Probation has two (2) important implications: first, the individual is given a chance to show capability and willingness to observe the standards of Student Conduct without further penalty; and second, if the individual errs again, further action will be taken. This probation will be in effect for no more than one (1) semester.
3. Restrictive Probation: Restrictive Probation results in loss of good standing and becomes a matter of record. Restrictive conditions may limit activity in the College community. Generally, the individual will not be eligible for initiation into any local or national organization, and may not receive any college award or other honorary recognition. The individual may not occupy a position of leadership or responsibility with any college or student organization, publication, or activity. This sanction prohibits the student from officially representing the College or participating in any extra-curricular activities including intramural competitions. This probation will be in effect for not less than two (2) semesters. Any violation of Restrictive Probation may result in immediate suspension.
4. Restitution: Paying for damaging, misusing, destroying or losing property belonging to the College, personnel, or students. Restitution may take the form of appropriate service to repair or otherwise compensate for damages.
5. Emergency Suspension: Exclusion from class and/or other privileges or activities as set forth in the notice, until a final decision has been made concerning the alleged violation.
6. Loss of Academic Credit or Grade: Imposed as a result of academic dishonesty.
7. Withholding Right to Register: Imposed when financial obligations are not met.
8. Suspension: Exclusion from class(es), and/or all other privileges or activities of the College for a specified period of time. This sanction is reserved for those offenses warranting discipline more severe than probation, or for repeated misconduct. Students who receive this sanction must get specific written permission from the Vice President for Student Services before returning to campus.
9. Expulsion: Dismissing a student from campus for an indefinite period, losing student status. The student may be readmitted to the College only with the approval of the President.

 VI. Disciplinary Appeals Procedure 

A student who disagrees with the decision of the Vice President for Student Services or designee may request a hearing before the Sanction Appeals Committee. The hearing provides the student with a venue for seeking college action related to the incident(s). This request must be submitted in writing to the Vice President for Student Services within three (3) working days after receipt of the Vice President for Student Services’ decision. As a general rule, the sanctions resulting from a disciplinary decision will be considered to be in place and enforced until such time as determined otherwise by the Sanction Appeals Committee. The student who enters an appeal of a Standards of Student Conduct ruling shall not be allowed to also submit a grievance related to the same incident(s) under the Student Grievance Procedure. The Vice President for Student Services shall refer the matter to the Sanction Appeals Committee together with a report of the student against whom the charge has been filed, and the relevant facts revealed by the Vice President for Student Services’ or designee’s investigation.

A. Sanction Appeals Committee Composition

Membership of the Sanction Appeals Committee shall be composed of the following:

1. Five faculty/staff members appointed by the President. For each appeal, the President will select one member to serve as a non-voting chair and recorder for the appeal.

2. President of the Student Government Association (SGA). If the SGA President is unable to serve, the President of the College may appoint a student replacement. The President reserves the right to appoint an additional faculty/staff member if a student representative is unavailable for the hearing.

B. Procedures for Hearings Before the Sanction Appeals Committee

1. The Sanction Appeals Committee must meet within ten (10) working days of receipt of a request for a hearing. The Vice President for Student Services or designee will send copies of the sanctions and the rationale for the sanctions to the Committee for review. At least three (3) working days prior to the date set for the hearing, the Chairperson shall send an email to the student’s BCC email address providing the student with the following information:

a. A restatement of the charge or charges.

b. The time and place of the hearing.

c. A statement of the student’s basic procedural rights.

2. Basic procedural rights of students include the following:

a. The right to counsel. The role of the person acting as counsel is solely to advise the student. The counsel shall not address the Committee. If the student opts to bring counsel, the student must inform the Vice President for Student Services of this intention when the request for the hearing is filed. If the student brings counsel to the hearing without so informing the Vice President for Student Services, the committee chairperson will give the student the option of proceeding without counsel or postponing the hearing for five (5) working days.

b. The right to produce no more than two witnesses on one’s behalf.

c. The right to request in writing, that the President of the College disqualify any member of the Sanction Appeals Committee for prejudice or bias. (The requests must contain reasons). A request for disqualification, if made, must be submitted at least three (3) working days prior to the hearing. If such disqualification occurs, the President of the College shall appoint a replacement.

d. The right to present evidence.

e. The right to know the identity of the person(s) bringing the charge(s).

f.  The right to hear no more than from two witnesses on behalf of the person bringing the charges.

g. The right to testify or to refuse to testify without such refusal being detrimental to the student.

3. The Conduct of the Committee Hearings

a. Hearings before the Sanction Appeals Committee shall be confidential and shall be closed to all persons except the following:

(1)  The student.

(2)  Counsels

(3)  Witnesses who shall:

(a)  Give testimony singularly and in the absence of other witnesses.

(b) Leave the committee meeting room immediately upon completion of the testimony.

b. The hearing will be electronically recorded. Recordings will become the property of Bladen Community College, and access to them will be determined by the Chairperson of the Committee and the Vice President for Student Services. All recordings will be filed in the office of the Vice President for Student Services for three years. The Vice President for Student Services will keep copies of all correspondence and rulings surrounding the hearing for three years.

c. The Sanction Appeals Committee shall have the authority to adopt supplementary rules of procedure consistent with this code.

d. The Sanction Appeals Committee shall have the authority to render written advisory opinions concerning the meaning and application of this code.

e. Upon completion of a hearing, the Sanction Appeals Committee shall meet in executive session to determine concurrence or non-concurrence with the original finding and to recommend sanctions, if applicable.

f.  Decisions of the Sanction Appeals Committee shall be made by majority vote. The decision of the Committee is final.

g. Within three (3) working days after the decision of the Sanction Appeals Committee, the Chairperson shall send an email to the student’s BCC email address providing the student with the committee’s decision. The President of the College will also be notified via BCC email of the committee’s decision.

C. Failure to Comply with Time Requirements or Voluntary Withdrawal

1. The last decision rendered on behalf of the College will stand as final and all proceedings will be terminated if a student fails to comply with any of the time requirements set forth herein with respect to completing and delivering the documents required to pursue one’s appeal, to appear or to be represented at any hearing, or otherwise to meet one’s other obligations under these procedures. The College shall make every reasonable effort to comply with the timeframe requirements specified in the discipline procedure. The President shall investigate failures to comply with the timeframe requirements specified in the discipline procedure and take appropriate action. The College’s failure to meet any deadline shall not exempt the student from any imposed sanctions.

2. A student’s decision to withdraw from the College during a disciplinary proceeding shall not affect the College’s right to continue the disciplinary process or impose sanctions.