|
The College publishes a Student Code of Conduct (Code) to educate individuals about their rights and responsibilities as members of the student body. The goals of the Student Conduct Code shall be to:
- Cultivate the College community’s commitment to the rights, conduct, responsibilities, and behavioral expectations of students and staff.
- Protect the rights of students, faculty and staff in the College community.
- Discipline and sanction students in a manner that is fair and fosters learning, ethical behavior, social development, integrity, and responsibility.
When a student’s conduct departs from the expectations delineated by the Code (with the exception of Academic Honesty), and adversely affects the College’s teaching and learning environment, this Procedure sets forth appropriate student sanctions and disciplinary actions that may be used to resolve the behavior and guide students to learn from their mistakes.
When practical, minor infractions of the Code should be handled informally. An instructor or staff member, upon observing unsatisfactory behavior, should provide verbal or written guidance to the student in a manner that facilitates learning and promotes improved student conduct. Formal disciplinary steps may be reserved for addressing repeated or more serious Code violations.
College disciplinary proceedings may be instituted against a student charged with violation of a law if the violation occurred at the College or College-sanctioned activities – or was of such nature as to impact the College. Additional proceedings under this procedure may be carried out prior to, simultaneously with, or following, civil or criminal proceedings that take place off-campus.
If an incident is judged to be of such a nature that a student poses a potential threat to the safety of the College, law enforcement, in consultation with the College’s Vice President of Finance and Administration, Vice President of Enrollment Management and Student Success, Vice President of Academic and Workforce Programs, or President, may issue a college “no-trespass order.” This order bars the student from campus grounds and activities. The duration of the order may be indefinite, for a specific length of time, or until specified conditions are met. For purposes of this procedure, a “no-trespass order” has the effect of bypassing steps one through seven listed below and immediately implementing the step eight sanction of a disciplinary suspension from the College, for the duration of the order.
Nothing in the procedure shall be construed in derogation of the College’s Title IX policies and guidance which shall take precedence over any and all other College Policies or Procedures in the cases of sex-based discrimination, sexual harassment, sexual violence, dating or domestic violence, stalking, or abuse in which any College student is the alleged victim. All such incidents should be reported to the College’s Title IX Coordinator, the Deputy Title IX Coordinators, or the Clery Compliance Officer.
Title IX Coordinator
Daryl Minus
Christanna Campus, LRC/Student Services Building, Room 248
434-949-1012 daryl.minus@southside.edu
Deputy Title IX Coordinator
John Hicks
Christanna Campus, LRC/Student Services Building, Room 213
434-949-1070 john.hicks@southside.edu
Deputy Title IX Coordinator
Marika Peterson
Christanna Campus, LRC/Student Services Building, Room 247 | John H. Daniel Campus, LRC/Student Services Building, Room 221
434-949-1064 marika.peterson@southside.edu
Deputy Title IX Coordinator
Robin C. Daniel
Christanna Campus, LRC/Student Services Building, Room 214
434-949-1018 robin.daniel@southside.edu
For a complaint against a Southside Virginia Community College faculty or staff member for sexual harassment, sexual assault, sex discrimination, or other forms of sexual misconduct, please contact:
Deputy Title IX Coordinator
Shannon Feinman
John H. Daniel Campus, LRC/Student Services Building, Room 131
434-949-1005 shannon.feinman@southside.edu
Prohibited Conduct
The following prohibited conduct includes violations that are subject to disciplinary action. The list is not all-inclusive.’
- Threat to Health or Safety: When a student’s continued presence at the college is deemed to constitute a threat to the health, safety or welfare of members of the campus community.
- Bomb Threat, Fire Alarm, Hoax: When a student activates a fire or lockdown alarm without cause, or makes a threat to bomb or damage college property, students, faculty, staff, or visitors; or undertakes a hoax involving use of a supposedly destructive device or substance; or encourages, incites, or solicits any person to commit such a threat or such an act.
- Weapons: When the student possesses, on his or her person, or uses weapons, to include guns, knives, or other dangerous objects. No weapons are permitted on campus.
- Theft: When the student engages in theft, larceny, embezzlement, or the temporary taking of the property of another without consent.
- Riot: When the student incites or engages in a riot or a disorderly assembly.
- Drugs: When the student engages in the possession, use, sale or manufacture of illegal or controlled substances.
- Forgery: When the student forges, alters, misuses, or falsifies college documents or records, including emails.
- Computer Security: When the student makes unauthorized use of computer resources, or makes unauthorized efforts to penetrate or modify any computing hardware or software.
- Disruption: Disruption of a classroom, laboratory, library, office, hallway, public student space, such as the student center, meeting or hearing.
- Failure to Comply: Failure to comply with a college official who is appropriately acting in the performance of his or her duties.
- Verbal Abuse: When the student utters obscene words or engages in verbal abuse that constitutes harassment of others.
- Assault, Battery, Fighting: When the student engages in non-sexual assault, battery, or fighting.
- Harassment: When the student engages in psychological abuse, racial, or other non-sexual harassment.
- Property Destruction: When the student destroys, damages, defaces, or misuses public or private property.
- Illegal Entry: When the student illegally enters or occupies state property.
- Gambling: When the student engages in unlawful gambling or gaming.
- Alcoholic Beverages: When the student possesses or consumes alcoholic beverages or is legally intoxicated.
- Criminal Charges: When the student is formally charged with the commission of a crime.
- Misuse of Federal Funds: When the student uses federal funds for someone other than him/herself or uses funds in a way that does not support his/her own educational endeavors.
- Electronic Bullying: When a student uses Facebook, or any other type of social media, to intimidate or bully a student, faculty or staff member.
- Impersonation or Assuming a False Identity: When a student impersonates a college employee or falsely identifies him/herself.
- Sexual Misconduct: Sexual misconduct includes rape, sexual harassment, sexual assault, sexual exploitation, and sexual violence.
Temporary Suspension
If the Vice-President of Enrollment Management and Student Success, Vice President of Finance and Administration, or Vice President of Academic and Workforce Programs decides at any point that the safety of a student or of the College is at stake, a temporary suspension may be imposed against a student who is suspected of violating the conduct policy and any other college policies or otherwise poses a risk to the safety of the campus, until the student conduct resolution, disciplinary action, or a hearing can be completed. This action assumes no determination of guilt.
Disciplinary Procedural Steps
- Filing of Written Complaint - Disciplinary action may be initiated by a complaint in writing filed by any member of the College community, including members of the faculty, staff and the student body.
- Administrator Receipt of Complaint - The complaint shall be filed with the office of the Vice President of Enrollment Management and Student Success.
- Preliminary Investigation - The Student Judicial Officer shall initiate an investigation, gathering signed statements and interviewing appropriate persons.
- The Student Judicial Officer shall approve any interim changes in a student’s academic status necessary to facilitate the investigation or to protect the involved parties.
- The Student Judicial Officer may require students to appear for an interview or to give a written statement.
- Failure to cooperate or impeding the investigation (not complying with the official and proper order of a duly designated College authority or agency) may subject a student to disciplinary action. Disciplinary holds may be placed on class attendance, re-enrollment, or upon the academic record of any student who fails to cooperate with the investigation.
- Initial Determination - After completing the preliminary investigation, the Student Judicial Officer may:
- Dismiss the complaint as having been unsubstantiated, or
- Determine that the complaint is supported by reliable evidence.
- Formal Notification to Student of Complaint - The Student Judicial Officer shall provide written notification to the student, advising the student of the complaint and the student’s rights under this Disciplinary Procedure. To ensure that a student’s rights to due process are preserved, the following essential legal elements will be made available to the student:
- Written notice of the allegation(s), with a summary of the information obtained by the preliminary investigation.
- Proposed sanction(s), should the student accept the findings of the preliminary investigation and initial determination by the Student Judicial Officer. The student has three working days to exercise this option, and must agree to waive formal disciplinary proceedings and the right to appeal (Note: This option does not apply to cases that may result in the sanction of disciplinary suspension or dismissal).
- Applicable references to the College’s Policies and Procedures, including the Student Code of Conduct.
- The opportunity to correspond or personally appear before a Student Conduct Committee to present evidence on his or her behalf.
- The right to a prompt written decision regarding the allegation(s).
- Information regarding the available appeal procedures.
Upon notification, the student may elect, after meeting with the Student Judicial Officer, to accept the findings of the preliminary investigation and initial determination. In this event, the Student Judicial Officer will render a decision regarding any appropriate sanction(s).
- The student must waive, in writing, the right to a hearing with a conduct committee as well as the right to appeal the imposed sanction(s).
- The Student Judicial Officer may impose a sanction(s) that is no greater than the sanction(s) proposed in the formal notification step (step 5). Imposed sanctions under these conditions may not include disciplinary suspension or dismissal.
6. Student Conduct Committee
The Student Judicial Officer, within ten working days of the notification to the student, will appoint a student conduct committee. The committee will consist of three members from among the faculty and staff. The committee shall complete its investigation and make a final determination within 10 business days of appointment.
- The conduct committee will conduct a careful and thorough review of all the facts concerning the alleged offense.
- The student shall have the right to submit written evidence and/or appear in person to present evidence.
- The student has the right to be advised by counsel or an advisor who may come from within or from outside the institution. Counsel may be present during the hearing, but will not be permitted to address the Committee.
- A two-thirds vote of the committee shall be required to assess a guilty determination for all or part of the allegation(s); otherwise, the student will be absolved and the case closed.
- Upon reaching a guilty determination, the committee shall recommend, also by two-thirds vote, any sanction(s) to be given to the student.
7. Committee Report.
The committee shall prepare a final written report of its investigation, which will include a description of the allegation, a summary of evidence considered, a summary of witness statements, the committee’s disposition of the case, and as applicable, any recommended sanction(s). The Student Judicial Officer will review the report.
The Student Judicial Officer may:
- Concur with the committee findings, and approve the recommended sanction(s).
- Concur with the committee findings, and modify the recommended sanction(s). The Student Judicial Officer, based on his/her judgment of the case circumstances, may reduce or remove some or all the sanctions recommended by the committee. The Student Judicial Officer may not impose a sanction that is more severe than those proposed by the committee.
- Non-concur with part or all of the committee findings or recommended sanction(s). The Student Judicial Officer will return the case to the committee for further consideration.
8. Sanctions.
Upon concurring with the committee report, the Student Judicial Officer will communicate (in writing) the case disposition to the student and impose the approved sanction. Multiple sanctions may be imposed. The following sanctions may be imposed upon students:
- Warning: Notice, orally or in writing, that continuation or repetition of conduct found wrongful, within a period of time stated in the warning, may be cause for more severe disciplinary action.
- Censure: A written reprimand for violation of specified regulations, including the possibility of more severe disciplinary sanctions, in the event of the finding of a violation of any institutional regulation within a stated period of time.
- Disciplinary Probation: Exclusion from participation in privileges or extracurricular institutional activities as set forth in the notice for a period of time not exceeding one school year.
- Restitution: Reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or other compensation. Terms and conditions of the restitution will be communicated to the student in writing, and the amount shall be limited to the actual monetary cost of the damage or loss to the College. The written notification will include that the student’s failure to make restitution in a timely manner will result in consequences including, but not limited to, an academic hold on student registration and transcripts or imposition of any of the foregoing sanctions.
- Suspension: Exclusion from classes and other privileges or activities as set forth in the notice for a definite period of time not to exceed two years.
- Dismissal: The student is terminated from all statuses at the College indefinitely. The dismissal may include a “no-trespass order,” as circumstances warrant. The dismissal may include a timeframe and conditions by which the student may apply for readmission in the future.
- Educational Project in Lieu of Sanction: An educational project may be assigned for completion by the student in the place of the proposed sanction(s). The project must be of educational value, must offer a positive learning experience, and must be scoped appropriately so as to not negatively impact the student’s educational progress. The project should offer the student the opportunity to learn from past errors and to channel energies to more appropriate endeavors. The student must agree to the project terms, completion timeline, and any success rubrics. Should the student fail to complete the project as agreed, original sanctions shall be imposed. Successful completion of the project closes the disciplinary case.
9. Student Appeals
Upon notification of the committee findings and the proposed sanction(s), the student may appeal the decision to the Vice President for Enrollment Management and Student Success or an assigned designee. The appeal must be made in writing, to the Vice President within five working days of the date of the student’s notification. Any sanction(s) will not take effect pending the Vice President’s decision. The Vice President for Enrollment Management and Student Success (or assigned designee) will review the written case record, the conclusions reached, the proposed sanction(s), and may choose to interview any persons deemed relevant to the review. Upon completing the review, the Vice President (or designee) will notify the student, in writing, of the appeal decision:
- Affirming the committee conclusions. The Vice President of Enrollment Management and Student Success’ decision is final, and any sanction(s) are immediately imposed.
- Reducing any or all of the proposed sanctions. The Vice President of Enrollment Management and Student Success’ decision is final, and the reduced sanction(s) are immediately imposed.
- Returning the case to the committee for further consideration.
*Notice to Parents or Guardians of Minor Students. Notifications to the parents or guardians of minor students will be made consistent with the Family Education Rights and Privacy Act (FERPA). The College will notify the applicable high school principal of students enrolled in dual enrollment programs when an imposed sanction will limit or prevent the student from completing the high school course of instruction.
Disciplinary Transcript Notations
A student under investigation for an offense violating the student conduct policy may have a notation “withdrawn while under investigation” placed on their Student Information System record. The student may appeal through the Student Conduct Policy.
Student Information System (SIS) Records
A student who is determined to be in violation the student conduct policy may have a notation of Suspension/Dismissal placed on their permanent record. The student may appeal through the Student Conduct Policy.
Student Grade Appeal Procedure
If a student wishes to appeal a course grade, the following in-house administrative procedure will be used. Grade Appeals may not be filed until the semester has ended and a final course grade has been assigned. The student must begin the appeal process within five (5) business days of the beginning of classes in the semester immediately following receipt of the grade in question. Appeals submitted outside of this timeframe will not be considered.
- The student must discuss the grade with the instructor who assigned it.
- If the matter has not been satisfactorily resolved and the student wishes to continue the appeal, the student must file a written appeal to the instructor’s Division Dean and discuss the grade with the instructor’s Division Dean within five (5) business days. If the instructor who assigned the grade is also the Division Dean, then a designee for the Vice President for Academic and Workforce Programs will perform the role of Division Dean in hearing the student’s appeal. The Division Dean will attempt to mediate the disputed grade with the faculty member and the student and make a recommendation for solution. If both parties agree to the Division Dean’s recommendation, the appeal is concluded.
- If the student disagrees with the recommendation, the student may continue the process by filing a written appeal with the Vice President for Academic and Workforce Programs (VP) within five (5) business days of the conclusion of Step Two. The student must also send a copy of the written appeal to the faculty member and the Division Dean. The decision of the Vice President is final.
|
