INTRODUCTION

Students at Linn-Benton Community College are advised to read the statement on Students= Rights, Responsibilities, and Conduct. As members of the LBCC learning community students enjoy the rights and privileges as outlined in this document. To help ensure a positive learning environment, students have the responsibility to conduct themselves in accordance with standards as set forth in this policy.

Members of the LBCC community involved in a dispute are encouraged to first seek resolution with the individual with whom the conflict exists. When resolution through person-to-person communication is not possible, the dean of student services should be contacted. The dean has several informal and, if necessary, formal processes to assist with conflict resolution.

TABLE OF CONTENTS

Students Rights And Responsibilities...................................................... 1

Freedom of Association.................................................................. 1

Freedom of Inquiry and Expression................................................. 1

Freedom from Unlawful Harassment ............................................... 2

Freedom from Sexual Harassment/Sexual Assault ............................. 2

Freedom from Unlawful Discrimination ........................................... 2

Student Participation in Institutional Governance............................... 2

Student Publications....................................................................... 2

Student Conduct.................................................................................. 3

Standards of Conduct.................................................................... 3

Dispute Resolution Procedures........................................................ 5

Grade Appeals...................................................................... 5

Academic Integrity............................................................... 6

Notification of Student Misconduct........................................ 6

Admissions, Graduation and Financial Aid Appeals................... 7

Records............................................................................... 7

Charges of Faculty or Staff Misconduct.................................. 7

Student Complaints............................................................... 7

Ancillary Role of Dean of Student Services.............................. 8

Forms of Discipline/Penalties.......................................................... 9

Disciplinary Admonition and Warning..................................... 9

Disciplinary Probation........................................................... 9

Suspension.......................................................................... 9

Expulsion............................................................................. 9

Supplemental Sanctions......................................................... 9

Temporary Exclusion............................................................ 9

Exclusion with Conditions for Return to Campus.................... 10

Referral to Outside Authorities.............................................. 10

Student Notifications.......................................................................... 11

Criminal Background Checks and Drug Testing............................... 11

Drug-and Alcohol-free Workplace and College................................ 11

LBCC/OSU Degree Partnership Program..................................... …11

Campus Sex Crimes Prevention..................................................... 11

Application of Student Conduct Rules to all College

Sites and Activities.......................................................... …11

Right to Know Statement.......................................................... …11

College Rights.......................................................................... …12

Appendix A....................................................................................... 13

Freedom from Unlawful Harassing or Offensive Behavior................. 13

Appendix B....................................................................................... 14

Freedom from Sexual Harassment/Sexual Assault............................ 14

Appendix C....................................................................................... 16

Freedom from Unlawful Discrimination.......................................... 16

Appendix D....................................................................................... 17

Academic Integrity....................................................................... 17

Appendix E....................................................................................... 19

Electronics Usage........................................................................ 19

Appendix F....................................................................................... 20

Complaint Form Violation of Student Standards of Conduct.............. 20

Appendix G....................................................................................... 21

Complaint Form Alleged Harassment and Civil Rights Violation......... 21

Appendix H....................................................................................... 22

Complaint Form Alleged Violation of College, Rule, Policy or

Procedure.......................................................................... 22

Appendix I........................................................................................ 23

Appeal Form Alleged Misconduct.................................................. 23

Appendix J........................................................................................ 24

Appeal Form Admission, Graduation or Financial Aid....................... 24

I. LINN-BENTON COMMUNITY COLLEGE

STUDENTS= RIGHTS AND RESPONSIBILITIES

Linn-Benton Community College students, as free citizens and members of a learning community, enjoy particular rights. Along with these rights is the responsibility to conduct oneself in accordance with the standards of the college that are designed to advance student learning. Although not all of these rights can be enumerated in any document, it is important to note those that are most fundamental.

A. FREEDOM OF ASSOCIATION. Students shall be free to organize and join associations to promote their common interests subject to the following considerations:

1. The membership, policies and actions of a student organization usually will be determined by vote of only those persons who are Linn-Benton Community College students.

2. Affiliation with an extramural organization shall not of itself disqualify a student organization from institutional recognition.

3. Each organization shall be free to select its own Linn-Benton Community College advisor. Advisors must be either contracted faculty or staff currently employed by LBCC. LBCC staff serve the college community when they accept the responsibility to advise and consult with student organizations to provide guidance to the group on college procedure and policy.

4. Student organizations shall be required to submit a statement of purpose, criteria for membership, rules of procedures, a current list of officers and a certified number of active members as a condition of institutional recognition.

5. Campus organizations, including those affiliated with an extramural organization, shall be open to all students without respect to race, color, sex, sexual orientation, marital and/or parental status, religion, national origin, age, mental/physical disability or learning disability, Vietnam era or disabled veteran status, or any other status protected under applicable federal, state, or local law. Disability consultations are available through the Office of Disability Services.

B. FREEDOM OF INQUIRY AND EXPRESSION. Students shall be free to take exception with the information or views presented in any course without it affecting their grade as long as the disagreement is not disruptive to the instructional process. Students are responsible for learning the content of any course for which they have enrolled even if they disagree with the course content. Students and student organizations shall be free to examine and discuss all questions of interest to them, and to express opinions publicly and privately. They are free to support causes by orderly means that do not disrupt the regular and essential operation of the institution. At the same time, it should be made clear to the academic and the larger community

that in their public expressions or demonstrations, students or student organizations speak only for themselves. Actions by individuals or groups to prevent speakers invited to the campus from speaking, to disrupt the operations of the institution in the course of demonstrations, or to obstruct or restrain other members of the academic community and campus visitors by physical force are subject to sanction.

C. FREEDOM FROM UNLAWFUL HARASSMENT. Linn-Benton Community College is committed to providing a learning and working environment free of unlawful harassment

(see Appendix A).

D. FREEDOM FROM SEXUAL HARASSMENT/SEXUAL ASSAULT. Students are protected from sexual harassment/sexual assault by LBCC Board of Education policies, and by state and federal statutes (see Appendix B).

E. FREEDOM FROM UNLAWFUL DISCRIMINATION. Linn-Benton Community College wishes to maintain a place of learning and work that is free of unlawful discrimination. The college prohibits discrimination based upon a person=s race, color, sex, sexual orientation, marital and/or parental status, religion, national origin, age, mental/physical disability or learning disability, Vietnam era or disabled veteran status, or any other status protected under applicable federal, state or local law (see Appendix C).

F. STUDENT PARTICIPATION IN INSTITUTIONAL GOVERNANCE. Student representation on selected LBCC councils and committees provides an opportunity for students to participate in institutional governance.

G. STUDENT PUBLICATIONS. Student publications and student press provide for free and responsible discussion of topics. Editor and managers are protected from arbitrary suspension and removal due to editorial policy or content. Editors and managers can be removed as the result of a violation of the LBCC Standards of Conduct.

II. STUDENT CONDUCT

The following procedures are intended to achieve an equitable solution that will resolve the disputes and issues with due regard to the rights of the parties involved, the protection of the faculty and student body, and the interest of the college. The chief administrator responsible for student rights, freedoms, responsibilities and due process is the dean of student services.

Like other members of the academic community, the student is expected to conduct himself/herself in accordance with standards of the college. A charge of misconduct may be made against a student for violating provisions of published college regulations and policies. Where a student is subject to a charge of a misconduct, such charge shall be processed in accordance with the procedures set forth in this document.

A. STANDARDS OF CONDUCT. A student enrolling in Linn-Benton Community College assumes an obligation to conduct himself/herself in a manner compatible with an educational community. In order to maintain a positive learning environment, students at Linn-Benton Community College will adhere to the following standards of conduct.

Students at Linn-Benton Community College will:

1. take responsibility for learning material, participating in class activities, advocating for personal needs and knowing rules and regulations governing the education community;

2. follow the lawful direction of faculty and staff including providing information and identification when requested;

3. respect the teaching/learning environment by interacting with civility within the classroom and following safety guidelines;

4. maintain honesty and integrity in all work, communication and interactions;

5. properly use college equipment, computers and facilities including timely return of loaned equipment/materials;

6. follow all college regulations, including those posted in special labs and classrooms, such as rules governing electronic devices;

7. follow state and federal laws.

The following are examples of the categories of misconduct for which students may be subject to disciplinary action:

1. failure to comply with the lawful directions of college personnel acting in performance of their duties, e.g., disrupting class sufficiently to hinder effective instruction, or failure to leave a building or specified work area when directed to do so by college personnel;

2. unlawful physical or verbal harassment which threatens or endangers health or safety of any such person, assault and/or abuse on college property or at college-sponsored or supervised functions;

3. disorderly, lewd, indecent, or obscene conduct on college-owned or controlled property, or at a college-sponsored or supervised activity;

4. libel or slander of another individual;

5. interference by force or by violence (or by threat of force or violence) with any administrator, faculty or staff member, or student at the college who is in the lawful discharge or conduct of his/her duties or studies;

6. dishonesty, including but not limited to forgery; changing or misuse of college documents or records of identification; cheating, plagiarism, aiding or abetting cheating or plagiarism; knowingly furnishing false information to the college; or copying college software (see Appendix D);

7. furnishing false information to the college with the intent to deceive the college or any person or agency;

8. invasion of another person’s reasonable right to privacy by any means, including the unauthorized use of snooping or recording devices on campus or at college-sponsored activities;

9. unauthorized entry to, or use of, the college campus and its facilities or disobedience of a notice against trespass;

10. bringing animals into classrooms and college buildings except for Aassist@ animals, Aassist@ animals in training or other animals defined in ORS 346.680, or animals used for instructional purpose;

11. theft of, or intentional damage to, property of the college or of a member of the college community, such as visitors, students or employees;

12. abuse or unauthorized use of the college=s computer equipment, software, passwords or records, or any violation of the confidentiality or security of passwords, records or software, including but not limited to networks, Internet, World Wide Web, and e-mail (see Administrative Rule No. B301);

13. violation of the electronic devices guidelines as outlined in this document

(see Appendix E);

14. unauthorized use of college supplies or equipment. Using LBCC computer resources and/or networks to send threatening or harassing messages or view pornographic materials electronically is forbidden (see Administrative Rule No. B301);

15. false representation of the college for any commercial purpose or contracting in the name of the college;

16. gambling, except as expressly permitted by law;

17. unlawful possession or distribution of alcoholic beverages, narcotics or dangerous drugs, except as expressly permitted by college policy;

18. possession or use, without written authorization, of firearms, explosives, dangerous chemicals, substances, instruments or other weapons on college-owned or controlled property or at college-sponsored or supervised functions;

19. unlawful harassment, sexual harassment, sexual assault and unlawful discrimination, a violation of any state or federal law on campus or while attending or participating in any college event (see Appendices A, B and C for information and the resolution process);

20. violations of published college regulations, the rules in this section and any other college regulations that may be enacted.

B. DISPUTE RESOLUTION PROCEDURES. Each of the dispute types listed below shall be subject to a dispute resolution process. The same process is not necessarily appropriate for resolving all disputes. The dispute types listed below will be resolved through the following procedures:

1. Grade Appeals. A dispute between a student and his or her instructor concerning the appropriateness of a grading decision. A grade may be appealed within one term of the grade’s posting.

Students and faculty members are encouraged to maintain frank and open communications concerning student progress and performance. If a student believes he/she has been awarded an inappropriate grade by an instructor, the first step is to appeal the grade to the responsible faculty member. If satisfaction is not received, the next step is to appeal to the dean/director by providing a written statement of the facts.

The dean/director will review both the instructor's and student's facts related to the grade appeal (tests, papers, reports attendance, etc). A hearing or meeting may be held at the discretion of the dean/director. The decision of the dean or director shall be final and shall be forwarded to the instructor and student within 30 days upon receipt of the appeal by the dean/director.

2. Academic Integrity. Instructors may issue an AF@ for a paper, assignment, test or course as a sanction for dishonesty/cheating (see Standards of Student Conduct, page 3 of this document). (see Administrative Rule No. C602) The instructor will report the Acheating@ situation to the division director/dean and dean of student services. (see Appendix D for more information.)

The student may file a written appeal of the faculty member’s decision to the dean/director. A hearing or meeting may be held at the discretion of the dean/director. The decision of the dean/director will be forwarded to the instructor and student within 30 days upon receipt of the appeal by the dean/director. The dean/director’s decision concerning the grade shall be final.

In addition, the dean/director may initiate a written complaint (according to Student Conduct, section C-3, of this document) to the dean of student services whereby potentially the student would be subject to penalties/sanctions as outlined in this document (Student Conduct, section B).

3. Notification of Student Misconduct Made by Faculty, Student or Staff Member. These complaints could include any violation of the Standards of Student Conduct set forth above that comes to the attention of a faculty or staff member.

Faculty, students and staff members are encouraged to deal with student misconduct on an informal basis whenever possible. However, where the misconduct rises to a level such that informal resolution is not appropriate, the faculty, student or staff member may initiate this dispute resolution procedure by filing the following material with the dean of student services and/or designee:

(a) a written complaint setting forth the name of the student;

(b) a description of the alleged inappropriate conduct;

(c) a reference to the student conduct policy allegedly violated and, if informal dispute resolution was attempted, a statement of the steps utilized or, if no informal dispute resolution was attempted, then an explanation of the reason why such an attempt was not made;

(d) name and telephone number of the faculty, student or staff member initiating the complaint.

Unless the deadline is specifically extended by the dean of student services, misconduct charge materials must be filed within 30 calendar days of the event/incident that is the subject of the event giving rise to the complaint.

At an initial conference with the dean of student services and/or designee, the accused student shall be informed verbally and in writing of the charges, and the maximum penalty that might result from consideration of the disciplinary matter. The accused student will be warned that any retaliation against the complainant is against school policy. The accused student will be provided an opportunity to explain his/her behavior. An attempt will be made to resolve the situation informally at this time.

Legal advice may be sought. However, neither the college, college staff, nor student may be represented by an attorney during the college=s dispute hearing.

Failure of the accused student to attend the conference without good cause and prior notification or a verifiable emergency constitutes a waiver of the student's right to participate and appeal further.

If a student has written or documented evidence it must be submitted within seven calendar days of the initial conference. If a student knows the identity of individuals who should be interviewed, then name, address and telephone number with sufficient information to allow contact must also be submitted within seven days. The college is under no obligation to consider written information that is submitted after seven days or witnesses without contact information.

After considering the evidence in the case and interviewing persons as appropriate, the dean of student services may take one of the following actions:

(a) dismiss the case after appropriate counseling and advice;

(b) impose an appropriate sanction as described.

The accused student will be notified in writing of the decision of the dean of student services. The student may appeal the decision of the dean of student services by filing a written appeal with the vice president for administrative and student affairs or designee within seven calendar days of the dean of student services decision.

The student accused of misconduct may appeal the decision of the dean of student services to the office of the vice president for administrative and student affairs. The vice president may elect to consider the appeal personally, or may appoint a designee, or a hearings panel to consider the appeal. The accused student will be advised by the vice president of the method and procedures selected to consider the appeal, and a hearing on the appeal shall be held within 14 days after the appeal has been delivered to the office of the vice president for administrative and student affairs. The decision of the vice president (or designee or hearings panel) shall be final and not subject to further appeal, except in cases of expulsion. Expulsion sanctions may be appealed to the college president. Decisions on appeals shall be communicated to the student within 14 days of a hearing.

In the event the vice president refers an appeal to a hearings panel, the panel named by the vice president shall consist of one student, one faculty member and one administrator. Every effort will be made to select panel members who will be fair and objective.

4. Admissions, Graduation and Financial Aid Appeals. Students may appeal the decision of committees involved in selection to programs, graduation requirements and financial aid by completing the Admissions, Graduation and Financial Aid Appeals form. Appeals must be based on new information and/or procedural errors and submitted within 14 days of the respective appeals committee’s decision. The dean of student services will respond within 14 days. The decision of the dean of student services shall be final.

5. Records. Records of disciplinary proceedings shall be kept by the dean of student services. Records will be kept a minimum of five years after resolution of the complaint. In the case of expulsion, this will be permanently maintained.

6. Charges of Faculty or Staff Misconduct. These complaints do not include grade appeals. They may include any perceived violation of law or college policy, or the student rights section of this document.

Faculty and staff members are subject to collective bargaining agreements and formal disciplinary rules that are beyond the scope of this document. By law, certain procedures must be followed before discipline can be imposed. For this reason, complaints concerning the conduct of a faculty or staff member shall be made to the supervisor and/or the director of human resources or his or her designee, within 30 calendar days of the occurrence, and shall be subject to dispute resolution procedures as he or she may prescribe.

7. Student Complaints Alleging Violation of a College Rule, Policy, or Procedure. This type of complaint is to be employed if a student believes that the college, as a matter of practice, is violating its own rules, policies or procedures.

A student complaint concerning a college rule, policy or procedure shall be made in writing and submitted to the dean of student services within 30 calendar days of the occurrence. The complaint shall contain the following information:

(a) the student's name;

(b) the nature of the complaint together with all documents, policies, procedures and related material that may be necessary for college review of the complaint.

1. Upon receipt of the complaint, the dean of student services or designee shall schedule a meeting with the student complainant. At that meeting, the dean shall attempt a resolution of the student complaint. In the event that the resolution proposed by the dean is not acceptable to the student, he or she may make a secondary appeal to the vice president for administrative and student affairs.

2. The secondary appeal shall consist of a meeting with the vice president of administrative and student affairs, the dean of student services and the student. At this meeting, the vice president will hear the student complaint, discuss the matter with the student and the dean of student services, review appropriate materials and issue a written decision within 30 days of the meeting. The vice president reserves the right to appoint an alternative panel.