
BOARD POLICY SERIES NUMBER: 7070
TITLE: STUDENTS’ RIGHTS, RESPONSIBILITIES AND
CONDUCT
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 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 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
**Note: Page
numbers will be corrected on final copy.
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 HARASSMENT. Linn-Benton Community College is committed to
providing a learning and working environment free of 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. 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. 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.
3. The third
level appeal shall be made in writing to the LBCC board of education. The third level complaint shall include all
materials included in the original and secondary complaints and all materials
submitted by the dean of student services and/or the vice president of administrative
and student affairs, in response thereto.
The board of education shall not be obligated to hold a hearing, but
shall consider the matter and the decision of the board of education shall be
final.
8. Ancillary Role of Dean of Student
Services. In addition to the duties
imposed upon the dean of student services as set forth above, he/she also shall
be primarily responsible for attempting informal resolutions and
reconciliations at all steps of the dispute resolution process. The dean of student
services may, with the student=s consent,
intervene on the student's behalf at any stage of any dispute resolution
proceedings. By the same token, the dean
of student services also shall be free to schedule meetings with the student
complainant at any step during the dispute resolution process should he or she
deem it useful. Failure of a student
complainant to attend any meeting thus scheduled without good cause and prior
notification, or a verifiable emergency, shall be deemed a waiver of any right
to proceed further at any stage of any dispute resolution process and shall
authorize dismissal of the complaint.
Any time line set
forth in any dispute resolution procedure may be extended by the dean of student
services upon written application to do so.
NOTE: Information regarding student records and
disclosure of student records is available through the registrar or the dean of
student services or online at www.linnbenton.edu.
C. FORMS OF DISCIPLINE/PENALTIES.*
1. Disciplinary Admonition and Warning. Notice that a student's conduct in a
specific instance does not meet college standards and that continued misconduct
may result in more serious disciplinary action by the dean of student services.
2. Disciplinary Probation. Written notice by the dean of student services
that the student found in violation of the college standards may continue to be
enrolled under stated conditions.
Violations of the stated conditions will be cause for more serious
disciplinary action.
3. Suspension. The dean of student services may suspend a
student for a fixed period of time up to an academic year. Suspension means imposition of one or more of
the following penalties:
(a) forfeiture of the
right to enter the campus;
(b) exclusion from one
or more classes;
(c) exclusion from
classes and/or activities.
Students shall be
required to meet with the dean of student services prior to being allowed to
enroll at the college after the suspension period has expired.
*Underage
Students. The parents or guardian of
any student under 16 years of age who is placed on disciplinary probation or
suspended, or expelled, may be notified.
4. Expulsion. Termination of student status as set forth
in the Notice of Expulsion by the college president.
5. Supplemental Sanctions. The dean of student services may impose
additional sanctions or requirements. The following are examples of
supplemental sanctions:
(a) work assignments;
(b) service to the
college or community;
(c) restitution, i.e.,
compensation for loss, damage or injury (this may take the form of appropriate
service and/or monetary or material replacement);
(d) decision-making
skills workshops/peer education, written responses to posed questions;
(e) revocation of
degree, holding transcripts, removal from courses;
(f) loss of
privileges;
(g) Ano trespassing@ order.
6. Temporary Exclusion. A faculty or administrative staff member may
suspend a student for up to two class meetings because the student is
disrupting the class sufficiently to hinder effective instruction, or when the
health and safety of the instructor(s), student(s), or staff appears to be in
jeopardy. The faculty member or
administrator will write a report of the incident for the dean/director of the
division or unit and the dean of student services within 24 hours of the
incident.
Faculty, administrative staff or
contracted classified staff members responsible for services to students may
exclude a student from using those services for up to two days when a student’s
behavior is disruptive to the education environment or when the health or
safety of student(s), or staff appears to be in jeopardy. The responsible contracted staff member will
write a report of the incident for the director/dean of the division or unit
and the dean of student services within 24 hours of the incident.
7. Exclusion
with Conditions for Returning to Campus.
In rare circumstances it may be necessary to exclude a student from
classes or activities for up to one term.
The dean of student services will confer with the student and provide
the student with an opportunity to explain his or her behavior. The dean of student services may exclude the
student when a student=s health,
behavior or other actions represent a serious and immediate threat to the
ongoing educational activities of the college or the health and safety of any individual.
The college has no tolerance for threats against any person, persons or any
entity of the college. The dean of student
services may exclude with conditions for returning to campus.
8. Referral to Outside Authorities. If a student is in violation of federal and
state laws on campus, or college-sponsored related activities, the college may
refer the student to local law enforcement agencies for prosecution.
III. STUDENT
NOTIFICATIONS
A. CRIMINAL BACKGROUND CHECKS AND DRUG
TESTING. Participating in some
programs may require a criminal background check or drug/alcohol testing. LBCC and its partners reserve the right to
perform criminal background checks and/or drug/alcohol tests for programs that
involve placement contact with vulnerable populations or when mandated by
external agencies in accordance with employers and in accordance with state and
federal law. Examples may include, but
are not limited, to cooperative education, service learning and child care.
B. DRUG AND ALCOHOL FREE WORKPLACE AND
COLLEGE. Linn-Benton
Community College is legally required and morally committed to the prevention
of illicit drug use and abuse of alcohol by both students and employees. LBCC is fully compliant with PL101-226. For
more see Web site www.linnbenton.edu/drugfree.
C. LINN-BENTON COMMUNITY COLLEGE/OREGON STATE
UNIVERSITY DEGREE PARTNERSHIP PROGRAM. Students participating in the Degree
Partnership Program between Oregon State University and Linn-Benton Community
College will be accountable to the conduct standards at both institutions. Linn-Benton Community College and Oregon
State University may each intervene in cases of misconduct, particularly in
issues involving health and safety.
Students will be given opportunity for due process. Students found in violation of conduct codes
may receive sanctions from each institution.
Linn-Benton Community College and Oregon State University reserve the
option to decide that only one institution will process a case of misconduct.
D. CAMPUS SEX CRIMES PREVENTION. Any
person required to register under a state sex offender registration program
must notify the state within ten days of enrollment or employment at an
institution of higher education. This
includes volunteer work, as well as work off campus associated with the
institution, even if the employer is not the school itself, i.e. contractor,
day-care providers, etc. The sex
offender must also notify the state of any change in enrollment or employment
status.
E. APPLICATION OF STUDENT CONDUCT RULES TO ALL
COLLEGE SITES AND ACTIVITIES: This document applies to all college sites,
including off-campus sites used for college instruction and the areas
immediately surrounding instructional locations. Further, the Standards of Student Conduct
apply to student behavior on off campus activities related to class attendance,
on study abroad, on field trips, and at all other official on and off campus
activities and events. Also
see Administrative Rule No. C603.
F. RIGHT TO KNOW STATEMENT. In accordance with 34 CFR Part 668, students
have the right to know certain information about Linn-Benton Community College,
including a variety of academic information, financial assistance information,
institutional information, information on completion or graduation rates,
institutional security policies and crime statistics, athletic program
participation rates and financial support data. As part of the college’s compliance
with this regulation, LBCC presents the reference chart at http://www.linnbenton.edu/righttoknow/.
Should you wish to comment on the presentation or content of the information
provided, please contact the associate dean of enrollment management or the dean
of student services.
G. COLLEGE RIGHTS. Students should have no expectation of
privacy in use of college supplies, equipment, and facilities such as lockers
or similar containers. Therefore,
college officials reserve the right to search such containers when reasonably
necessary to address health and safety concerns. College officials may also condition
attendance or participation in college events or activities, or
college-sponsored events or activities, upon a person’s willingness to consent
to a search of their personal or private property when such a search is deemed
reasonably necessary due to health or safety concerns. Contraband items shall be confiscated and may
be used as evidence in disciplinary, civil and/or criminal cases. Further, items such as briefcases and
handbags may be searched in the library, laboratories, bookstore
and at other places where materials or equipment are not secure.
APPENDIX A
FREEDOM FROM HARASSING OR OFFENSIVE BEHAVIOR. Students are encouraged to
report harassing and/or offensive behavior that would cause a reasonable person
to fear for his or her personal safety - or would substantially interfere with
their employment or academic responsibilities - by another student, college
employee, or other person on college premises or at a college-sponsored
event/activity off the college premises.
It is recommended that the student take personal responsibility to
ensure that the alleged harasser is told the activity or comments are not
welcome. Second, the student also should
take personal responsibility to avoid engaging in conduct that reasonably leads
another person to believe that comments or innuendoes are enjoyed or
encouraged. Linn-Benton Community
College expects that harassment complaints will be filed only when the conduct
is serious, clearly offensive and substantially interferes with a student=s academic progress, health or safety.
Students who believe they have been subjected
to harassment or offensive conduct should report the alleged act immediately to
the dean of student services or designee, 6500
Pacific Boulevard SW, Albany, Oregon
97321; telephone: (541) 917B4806. Complaints involving
employees, which would include student and employee
involvements, should report this to the dean/director responsible for the
division/center. If a student does not
feel comfortable reporting to the previously cited individuals, he or she should
report the incident to the director of human resources or designee.
The investigator will work with the complainant to determine the
best course of action for resolution of the situation. Informal resolutions and reconciliations may
be attempted prior to a formal investigation.
Complaints will be formally investigated under Administrative Rule No.
E028: See Web site: http://po.linnbenton.edu/adminrules.
APPENDIX B
FREEDOM FROM SEXUAL HARASSMENT/SEXUAL ASSAULT. Sexual harassment is defined as Aany unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature whereby:
1. submission
to such conduct is made either explicitly or implicitly a term or condition of
an individual=s employment or academic success;
2. submission
to or rejection of such conduct by an individual is used as the basis for an employment
or academic decision, such as promotion and benefits or grades, affecting such
individual; or
3. such
conduct has the purpose or effect of unreasonably interfering with an
individual=s work or academic performance, or creates an intimidating,
hostile or offensive working or learning environment.@
The key element in sexual
harassment is that the actions, words, conduct, etc., involved are unwelcome to
the recipient and generally pervasive.
If a Linn-Benton Community College student believes he or she is the
subject of sexual harassment, it is recommended that the student take personal
responsibility to make sure the alleged harasser is told that the activity or
comments are not welcome and also take personal responsibility not to
engage in conduct that reasonably leads another person to believe that sexual
comments or innuendoes are enjoyed or encouraged.
A student who believes he or she has been subjected to sexual
harassment by employees,
including instructors/faculty or visitors, should report the alleged act
immediately to the Affirmative Action Officer (AAO). Students who believe they have been subjected to sexual harassment by other students should report the
alleged act immediately to one of the following individuals: the dean of student
services or a counselor in the Counseling Department. If the student does not feel comfortable
reporting to the AAO or one of the other above named positions, they should
contact another member of the Human Resources Department. Only the AAO and dean of student services or
their designee is authorized to investigate or delegate the investigation of
sexual harassment allegations. Complainants are encouraged to submit their
allegations on the college’s Alleged Harassment and Civil Rights form.
The investigator will work with the complainant to determine the
best course of action for resolution of the situation. Informal resolutions and reconciliations may
be attempted prior to a formal investigation taking place. Student-to-student
and student-to-staff complaints will be investigated formally in accordance
with Administrative Rule No. E027 only after consultation with the complainant
and a preliminary investigation have taken place. In the case of sexual assault allegations,
the investigation may be referred to local authorities.
During the investigation, the complainant and the accused may bring
representation so long as that representative does not interfere with the
investigation process. Confidentiality will be maintained to the extent
possible while determining the facts of the complaint. Penalties for students
who are found guilty of sexual harassment/sexual assault range from a written
reprimand to expulsion from Linn-Benton Community College. Any form of retaliation against individuals
making sexual harassment complaints, witnesses, or any other involved employees
or students is against college policy and is strictly prohibited. Retaliatory activities will be treated as a
violation of this policy and subject to the same disciplinary measures, up to
and including termination/expulsion.
Student complainants have additional options outside the college=s internal procedures.
Under Title IX, a student may file a complaint with the Civil Rights
Division of the Oregon Bureau of Labor and Industries within one year of the
alleged discrimination or harassment or with the Office of Civil Rights in
Seattle within 180 days of the alleged act of discrimination or
harassment. There also is a private
right of action to bring a civil lawsuit in federal court.
The college process is focused on reestablishing an environment
conducive to learning for the victim and educating the accused on appropriate
behavior. This process may be
appropriate for resolving issues of sexual harassment, but not for resolving
sexual assault. Sexual assault is a
serious crime that should be reported to law enforcement authorities and dealt
with through criminal investigation procedures and processes.
Forcible or nonforcible sex offense taking place off campus and
not involving an off-campus college activity should be reported to the
police. If a rape is reported to the
police within 72 hours and the victim agrees to cooperate in the investigation,
the victim is entitled to Avictim's compensation@ in the state of Oregon. It is extremely important to preserve the
evidence. In the case of rape, it is
advisable to go to the hospital and obtain medical care immediately for
treatment of any injuries and for other tests. Do not douche, bathe, shower or
change clothes before you go.
APPENDIX C
FREEDOM FROM UNLAWFUL DISCRIMINATION. Linn-Benton Community College wishes to maintain a place of
learning and work that is free of discrimination. The college prohibits unlawful 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, opposition to safety and
health hazards, application for workers= compensation benefits, or any other status protected under
applicable federal, state or local law.
Every student is encouraged to report unlawful discrimination, and
no reprisals will be taken against any student who makes such a report. However, each employee and student has a
personal responsibility not to knowingly make false or malicious claims. Such
claims will not be tolerated and will subject the complainant to disciplinary
action.
Students
who believe they have been unlawfully discriminated against should report
alleged acts to the affirmative action officer (AAO) or designee for
investigation. Student complaints
involving other student(s) should be brought to the dean of student services or
designee. If a
student does not feel comfortable bringing a complaint to the dean of student services
or designee, then the complaint should be brought to the affirmative action officer
or another member of the Human Resources Office.
Student-to-student or student-to-staff complaints will be
investigated formally in accordance with Administrative Rule No. E029. See Web site: http://po.linnbenton.edu/adminrules. The investigator will work with the
complainant to determine the best course of action for resolution of the
situation. Informal resolution and
reconciliation may be attempted prior to a formal investigation.
APPENDIX D
ACADEMIC INTEGRITY. Students at
Linn-Benton Community College are responsible for pursuing their studies with
honesty and fairness, and in a manner that respects the rights and dignity of
others. Students must not engage in acts of dishonesty or cheating. Academic dishonesty includes, but is not
limited to, such acts as forgery, changing or misuse of college documents and
records of identification, cheating, plagiarism, aiding or abetting cheating or
plagiarism, knowingly furnishing false information to the college or copying
college software.
Further, academic dishonesty may involve the misuse of electronic
devices. Cell phones or other similar
wireless electronic devices must not be used during any test, quiz or other
student assessment without the prior approval of the instructor/supervising
staff member.
Plagiarism is a type of academic dishonesty. It is recommended that students review the
definition of plagiarism according to Webster=s New World Dictionary, which
states that to plagiarize means Ato take writings or ideas from another and pass them off as one=s own.@ Word histories also can be revealing: to plagiarize comes from
the Latin word plagiarius, which means Akidnapper.@ So plagiarism is stealing someone else=s Ababy@ (or intellectual property) and lying to cover the theft. It is a serious offense.
Not all plagiarism is intentional, deliberate theft or deceit.
Some plagiarism results from forgetting or not knowing what plagiarism is. Plagiarism, one form of Acheating@ or Adishonesty,@ is not just the failure to give credit for an exact quotation. It is also the failure to mark all kinds of Aborrowings@ correctly.
Plagiarism includes both intentional and unintentional acts, such
as:
1. obtaining
a paper on the Internet and turning it in as the student’s own work; this
obviously is intentional;
2. copying
sections of another=s original document or electronic file and putting the text into
one’s own work without documentation, as if it was one’s own original work;
3. copying
a sentence or an important, exact phrase of two words or more, or a coined word
(which may or may not be copywritten) without the use of quotation marks and
credit;
4. copying
the structure of another=s argument and merely Atranslating@ key words to match one’s own style;
5. using
another=s results in one’s own words without giving him or her credit;
6. failing
to document any borrowing when quoting, paraphrasing, summarizing, or importing
and placing a graphic;
An instructor may also issue an AF@ for a paper, assignment, test or course. (see Administrative
Rule No. C602) Further, an instructor
may initiate a complaint through the dispute resolution process as outlined in
this document. Students violating the
standards of student conduct may be subject to sanctions as outlined in this
document.
APPENDIX E
ELECTRONICS USAGE. It is expected that the usage of personal electronic equipment on
campus, including cell phones, will not interfere with the college=s educational process, nor interfere with students’ rights where
privacy is expected. Therefore, the
following guidelines have been developed to support the college=s educational environment.
1. Electronic devices
such as video cell phones and/or cameras must be turned off (and not used) when
in locker rooms, restrooms or other parts of the campus where privacy is
expected (see page 4, section A.8, unauthorized use of snooping or recording
devices).
2. Use of electronic
devices, including cell phones, will not be allowed during any test, quiz or
other student assessment without the approval of the instructor/supervising
staff member. (see
page 4, section A.6, dishonesty).
3. The ringing of electronic devices or receiving incoming calls
during a class, lab or academic area, including instructional or instructional
support areas or other educational meetings, is disruptive. The phones should
be on silence mode or vibration mode in these instances (see page 3, section
A.1, disrupting class).
4. Electronic devices may be used in class, labs or other campus
meetings by medical or other emergency personnel Aon call.” Personal calls to these people are covered by item
three.
5 . Students
should follow procedures for electronic devices that are in faculty syllabi
and/or verbal directions (see page 3, section A.1, following lawful direction
of college personnel).
6. Electronic devices may be used in the classroom when it is
deemed a reasonable accommodation in accordance with the Americans With Disabilities Act.
Students must have a documented disability and the accommodation must be
approved by the LBCC Office of Disability Services.
7. Electronic devices may not be used in a manner that violates speakers’
rights, Afair use@ practices or copyright law.
Please see LBCC Administrative Rules concerning copying (i.e., C321,
C322, C323, C324 and C325).
LINN-BENTON COMMUNITY COLLEGE
APPENDIX F
COMPLAINT ALLEGING VIOLATION OF
THE STANDARDS OF STUDENT CONDUCT
(please type or print)
Name: Date:
You
are: (please check one) Student Faculty Staff Campus Visitor
If a
student, student I.D. number:
1. Please
reference the college rule, policy, or procedure allegedly violated as
described in the Students’ Rights, Responsibilities and Conduct policy: (If more room is needed, attach additional
pages; copies of the Students’ Rights, Responsibilities and Conduct policy
are available in the dean of Student Services Office.)
2. Description
of alleged inappropriate conduct: (Be sure to include students’ names, dates of
occurrences, and places of occurrences; attach additional pages if more room is
needed.)
3. Was
an informal dispute resolution attempted among involved parties?
Yes.
Please provide a short statement of the steps utilized. (If more room is needed, attach additional
pages.)
No. Please
explain why such an attempt was not made.
(If more room is needed, attach additional pages.)
___________________________________________________ _______________________________
Signature of Person Filing This
Complaint Area Code & Telephone Number
_________________________________________________________________________________________________
Mailing Address City Zip
FOR OFFICE
USE ONLY: Date
Stamp Complaint Rec’d: ______________________ By:
_____________ Initials
APPENDIX G
APPENDIX G
LINN-BENTON
COMMUNITY COLLEGE
ALLEGED
HARASSMENT & CIVIL RIGHTS VIOLATION
COMPLAINT
FORM
(please type or print)
Name:___________________________________________________________ Date:_________________
You are: (please
check one) Student Employee Campus Visitor
Student/employee
I.D. number:_____________________________________
1. Please
describe alleged misconduct; be sure to include name(s), date(s) of
occurrence(s) and place(s) of occurrence(s): (If more room is needed, attach additional
pages.)
2. Attach
material necessary for the college to review your allegations.
________________________________________________ ____________________________________
Signature of
Person Filing This Complaint Area Code &
Telephone Number
________________________________________________________________________________________
Mailing Address City Zip
FOR OFFICE USE ONLY: Date Stamp Complaint Rec'd_____________________ By:___________
Initials
Investigation Resolved Informally
Harassment Sexual Harassment Discrimination Other_______________
APPENDIX H
LINN-BENTON COMMUNITY COLLEGE
COMPLAINT ALLEGING VIOLATION OF
A COLLEGE RULE, POLICY OR PROCEDURE
(please type or print)
Name: Date:
You
are: (please check one) Student Faculty Staff Campus Visitor
If a
student, student I.D. number:
1. Please reference the college rule, policy, or
procedure allegedly violated and describe your complaint: (If
more room is needed, attach additional pages.)
2. Attach
documents, policies, procedures and related material necessary for the college
to review your complaint.
FOR OFFICE USE ONLY: Date Stamp Complaint Rec’d: ______________________
By: _____________ Initials
APPENDIX I
LINN-BENTON COMMUNITY COLLEGE
ALLEGED MISCONDUCT
DISCIPLINARY APPEAL FORM
(please type or print)
Name:__________________________________________ Date:________________________________
Student I.D. number:_____________________________
1.
Please reference the conduct policy
allegedly violated, as stated in the Students’ Rights, Responsibilities and
Conduct policy: (Copies are available in the dean of Student
Services Office.)
2.
Describe
your reasons for requesting an appeal of sanction/disciplinary actions assigned
to you by an LBCC official: (If more room is
needed, attach additional pages and/or supporting
documentation.)
_______________________________________________ ________________________________
Signature of
Person Filing this Appeal Area Code
& Telephone Number
_______________________________________________________________________________________
Mailing Address City Zip
FOR OFFICE
USE ONLY: Date Stamp Petition
Rec’d: ______________ By: ______________ Initials You will receive a decision
on your appeal within 14 school days of receipt of appeal. 9 Appeal Approved 9
Appeal
Denied* 9 Appeal Final ________________________________________ (Signature of LBCC Official) 9
Appeal
Decision Mailed 9 Appeal Decision Hand Delivered Date: _________ Comments: ______________________________________________________________________ ______________________________________________________________________ *Note: In the case of expulsion, a student, if
he or she chooses to, must file his or her appeal to the college president
within 14 days of receipt of this decision.
APPENDIX J
LINN-BENTON COMMUNITY COLLEGE
ADMISSIONS, GRADUATION AND FINANCIAL AID
APPEAL FORM
(please type or print)
Name:__________________________________________ Date:________________________________
Student I.D. number: ____________________________
1. Describe
your reasons for requesting an appeal of the committee’s decision denying
program, admission, graduation, or financial aid petition: (If more room is needed, attach additional pages and/or supporting documentation.)
_______________________________________________ ________________________________
Signature of
Person Filing this Appeal Area Code
& Telephone Number
_______________________________________________________________________________________
Mailing Address City Zip
FOR OFFICE
USE ONLY: Date Stamp
Petition Rec’d: ______________ By: ______________ Initials You will receive a decision
on your appeal within 14 school days of receipt of appeal. 9 Appeal Approved 9
Appeal
Denied* 9 Appeal Final ________________________________________ (Signature of LBCC
Official) 9
Appeal
Decision Mailed 9 Appeal Decision Hand
Delivered Date: _________ Comments: ______________________________________________________________________ ______________________________________________________________________ *Note: The decision of the Dean of Student
Services shall be final.
DATE OF ADOPTION:
5/12/83
dates of revisions: 7/21/93, 12/13/95, 1/20/99,
9/20/06