Policy 3.42

Preamble

Glen Oaks Community College exists so that the people it serves have learning and enrichment opportunities to improve their quality of life and their standard of living. GOCC supports a positive educational environment that will benefit student success. In order to ensure this vision, the College has established guidelines for the redress of grievances by individuals accused in such proceedings. In addition, the College has established a Student Code of Conduct and Student General Rules and Guidelines to ensure the protection of student rights and the health and safety of the College community, as well as to support the efficient operation of College programs.

In cases of noncompliance with the Student Code of Conduct Student and the General Rules and Guidelines, the College will impose sanctions that are consistent with the impact of the offense on the College community (See Article IV (C) below). The college reserves the right to pursue criminal and/or civil action where warranted. The Student General Rules and Guidelines and Student Code of Conduct shall apply from the time of admission to the college and continue as long as the student remains enrolled at the college. They shall also be applicable to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.

If an individual has violated the Student Code of Conduct or the General Rules and Guidelines on college property while not enrolled as a student at the college, but then later seeks to enroll, he or she must first contact the Vice President of Student Services (or a designee). The same Due Process procedures listed in Article IV below will be followed to determine an admission decision.

ARTICLE I: Definitions

1. The term “College” means Glen Oaks Community College.
2. The term “Student Code” refers to the College’s Student Code of Conduct.
3. The term “General Rules” refers to the Student General Rules and Guidelines.
4. The term “student” includes all persons currently enrolled at the College, either full-time or part-time. This code applies to all current students of GOCC regardless of their geographical location.
5. The term “faculty member” means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty union.
6. The term “College official” includes any person employed by the College, performing assigned administrative or professional responsibilities.
7. The term “member of the College community” includes any person who is a student, faculty member, College official or staff member employed by the College, or any authorized non-employed personnel (such as interns). A person’s status in a particular situation shall be determined by the Vice President of Student Services (or a designee).
8. The term “College premises” includes all land, buildings, facilities, and other property in the possession of, owned, used, or controlled by the College (including adjacent streets and sidewalks).
9. The term “harassment” means repeated, malicious mistreatment, verbal abuse, or conduct that is threatening, intimidating, humiliating, insulting, isolates people, or undermines their reputation through verbal or nonverbal communication.
10. The term “Judicial Board” means a group of persons authorized by the Vice President of Student Services (or a designee) to consider whether a student has violated the Student Code or to review the sanction(s) imposed by Vice President of Student Services (or a designee) if requested by the accused.
11. The term “policy” means the written regulations of the College as found in, but not limited to, the College Catalog, Course Schedule, Student Handbook, the College web site and/or other written regulations and procedures available within a department or division.
12. The term “cheating” includes, but is not limited to attempted or actual:
     
    1. use of any unauthorized assistance in taking quizzes, tests, or examinations
    2. use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments
    3. the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff;
    4. engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion for the purposes of academic credit
    5. allowing or participating in cheating by other students
    6. other acts of dishonesty within the College but outside of the classroom.
13. The term “plagiarism” includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
14. The term “academic negligence” means unknowingly or unintentionally claiming credit for the work or effort of another person.
15. The term Complainant means any person who submits a report alleging that a student violated this Student Code or the General Rules. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code as are provided to the complainant, even if another member of the College community submitted the charge itself. Requests to receive information regarding the Respondent must be in writing and submitted to the Student Services Divisional office.
16. The term Respondent means any student accused of violating this Student Code or General Rules, or any other rule or policy of the College.

The code of conduct as set forth below applies specifically to student and visitor behavior while at any College facility or while attending any College function.  Rights are basic to the freedom to learn and must be based upon both mutual respect and responsibility.

When a student enrolls at Glen Oaks Community College, he/she agrees to abide by all College regulations.  Therefore, violations of any rule of the following code of conduct will result in appropriate disciplinary action.  Infractions of the code include, but are not limited to, the following:

1.   Disrupting the rights or freedom of others in any manner or by physical or verbal abuse.

2.   Failure to comply with directions of College officials who are acting in the performance of their duties.

3.   Failure to show proper identification to requesting College officials who are acting in the performance of their duties.

4.   Cheating, plagiarism or any other form of academic dishonesty.

5.   Falsifying information, e.g., forgery, alteration, or intentional misuse of College documents, records or identification or failure to provide required records.

6.   Theft of or damage to College property.

7.   Violation of College policies or regulations.

8.   Disorderly, lewd, indecent, or obscene conduct or expressions.

9.   Attendance in class or at any College functions while under the influence of alcoholic beverages or narcotics or drugs.

10. Illegal possession, use, sale or exchange of narcotics or drugs.

11. Unauthorized possession, use, sale, or exchange of alcoholic beverages.

12. Unwelcomed sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature that unreasonably interferes with another and creates an intimidating, hostile, or offensive environment.

13. Failure to adhere to rules and regulations governing the use of vehicles on campus.

14. Conduct in the classroom which precludes professors/instructors from performing their functions.

15. Unauthorized use of the name of the College or a College-related agency.

16. Use of tobacco products in College facilities.

17. Tampering with safety equipment, including but not limited to fire alarms, fire extinguishers, emergency exits.

18. Unauthorized possession of firearms or other weapons on campus.

19. Unauthorized presence on campus during non-instructional hours or failure to properly supervise guests.

20. Violation of the College's Internet policy as set forth in the Internet Student Use Policy (Policy 3.60).

21. Any act of whatsoever nature that interferes with normal operation of the College or which adversely affects the student’s suitability as a member of the College community.

22. Possession or attempted use of any weapon of terror or mass destruction.

23. Gambling by a student on college campus or while attending a college sponsored event or activity.

24. Failure to pay fines, fees, or other debt to the college.

25. Failure to return college property loaned to the student.

Students and visitors are subject to immediate removal from College property when, in the sole discretion of the President, or a representative, removal is necessary to protect the rights and safety of College students or employees.

Students shall have the right to be accorded due process in all disciplinary actions resulting in a change of their social and/or academic status at Glen Oaks Community College.  It is with this spirit that procedures have been established.  

Students may be suspended from College classes and/or activities pending due process procedures by the President or representative when, in the President’s or representative’s sole discretion, such action is necessary to protect the rights and safety of College students or employees.

Visitors are subject to criminal charges or civil liability for improper conduct on College property. Readers of this policy are also referred to a related Policy, 3.51, Student Policies General.

 ARTICLE II: Student Code of Authority

1. The Vice President of Student Services (or a designee) shall determine whether or not the Judicial Board shall be authorized to hear each matter.
2. The Vice President of Student Services (or a designee) shall develop policies for the administration of the Code of Conduct process and procedural rules for the conduct of Judicial Board hearings that are consistent with provisions of the Student Code and the General Rules.
3. Decisions made by the Judicial Board and/or the Vice President of Student Services (or a designee) shall be final, pending the normal appeal process.

 ARTICLE III: Proscribed Conduct

Jurisdiction of the College Student Code of Conduct

The College Student Code shall apply to conduct that occurs on College premises, at College sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. Students shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Vice President of Student Services (or a designee) shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case-by-case basis, in his/her sole discretion.

1. Conduct—Rules and Regulations
   Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV:
   1. Acts of dishonesty, including but not limited to the following:
      1. Cheating (as defined in Article I (L)), plagiarism (as defined in Article I(M)), academic negligence (as defined in Article I(N)) and any other forms of academic dishonesty.
      2. Misrepresentation of facts or furnishing false information to any College official, faculty member, staff, or office.
      3. Forgery, alteration, or misuse of any College document, record, or instrument of identification.
      4. Perceived, attempted or actual Financial Aid fraud or corresponding behaviors that would allow a student to receive a monetary benefit for which they are not eligible.
   2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.
   3. Physical abuse or assaults, verbal abuse, threats or threatening behavior, intimidation, harassment, coercion, bullying, and/or other conduct which threatens or endangers the health or safety of any person (including, but not limited to, messages sent via text messages, emails, social media, or any electronic format). This provision also includes but is not limited to unlawful discrimination or related harassment on the basis of race, color, sex, age, religion, national origin, creed, ancestry, familial status, disability, marital status, height, weight, sexual orientation, or veteran’s status.
   4. Sexual harassment which includes, but is not limited to:
      1. Conduct of a sexual nature (including, but not limited to intentional touching of a sexual nature, repeated/unwelcomed advances, comments of a sexual nature) that creates an intimidating, hostile, or offensive campus, educational or working environment for another person.
      2. Obscene or indecent behavior which includes but is not limited to indecent exposure and the display of sexual behavior that would reasonably be offensive to others.
      3. Retaliation against anyone who files a complaint or participates in an investigation relating to this provision.

*Sexual harassment that falls under the jurisdiction of Title IX will be handled by the Title IX Coordinator per the College’s Sex/Gender-Based Discrimination and Harassment Policy. Under Title IX, at least one of the following has occurred:

• Providing an aid, benefit, or service of the College conditional upon an individual’s participation in unwelcome sexual conduct.
• Unwelcome conduct on the basis of sex that a reasonable person would deem so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
• Sexual assault as defined by the Clery Act (forcible and non-forcible sex offenses, dating violence, domestic violence, and stalking)
  1. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus.
  2. Hazing which is defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are still violations of this rule.
  3. Failure to comply with the directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
  4. Unauthorized possession, duplication, or the use of keys to any College premises or unauthorized entry to or use of College premises.
  5. Violation of any published College policy, rule, or regulation, including those in a course syllabus. Violation of any federal, state, or local law.
  6. Use, possession, manufacturing, distribution, or being under the influence of marijuana, illegal drugs, narcotics, or other controlled substances except as expressly permitted by federal law. Possession of drug paraphernalia is also prohibited on campus.
  7. Use, possession, manufacturing, distribution, or being under the influence of alcoholic beverages (except as expressly permitted by College regulations), or public intoxication.
  8. Possession of firearms (even if legally possessed), tasers, stun guns, explosives, weapons, or dangerous chemicals on College premises, or use of any such item in a manner that harms, threatens or causes fear to others. The definition of a weapon includes but is not limited to a pistol or other firearm, dagger, razor, knife, or any other dangerous or deadly weapon or instrument. 
     College Property covered by this policy includes, without limitation, all College owned or leased buildings and surrounding areas such as sidewalks, driveways and parking lots under the College’s ownership or control. College vehicles are covered by this policy at all times regardless of whether they are on College property.
  9. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
  10. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.
  11. Conduct that is disorderly; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly Conduct includes but is not limited to: the use of any device to capture audio, video or digital record or photograph of any person while on College premises or College events where there is a reasonable expectation of privacy (i.e. restrooms, locker rooms, etc.).
  12. Theft or other abuse of computer facilities and resources, including but not limited to:
      1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
      2. Unauthorized transfer of a file.
      3. Use of another individual’s identification and/or password.
      4. Use of computing facilities and resources to interfere with the work of another student, faculty member or College Official.
      5. Use of computing facilities and resources to send obscene or abusive messages.
      6. Use of computing facilities and resources to interfere with normal operation of the College computing system.
      7. Use of computing facilities and resources in violation of copyright laws.
      8. Any violation of the GOCC Acceptable Use Policy.
  13. Abuse of the Student Code process, including but not limited to:
      1. Falsification, distortion, or misrepresentation of information before the Judicial Board.
      2. Disruption or interference with the orderly conduct of a Judicial Board proceeding.
      3. Attempting to discourage an individual’s proper participation in, or use of, the Student Code process.
      4. Attempting to influence the impartiality of a member of a Judicial Board member prior to, and/or during the course of, the Judicial Board Hearing.
      5. Harassment (verbal or physical) and/or intimidation of a member of a Judicial Board prior to, during, and/or after a Judicial Board Hearing.
      6. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
      7. Influencing or attempting to influence another person to commit an abuse of the Student Code process.
  14. Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community.

1. Violation of Law and College Discipline
   1. College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice President of Student Services (or a designee). Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of the College’s Code were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
   2. When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of the status as a student. If the alleged offense is also being processed under the Student Code, the College may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

 ARTICLE IV: Student Conduct Process (Due Process)

1. Charges
   1. Any member of the College community may file a report against a student for alleged violations of the Student Code or General Rules. An allegation of a Student Code or General Rules violation must be directed to the Vice President of Student Services (or a designee). Reports may be made in person, in writing, or through the college’s online reporting tool at glenoaks.edu/public-safety/report-a-concern. Any report of a violation of the Student Code or General Rules should be submitted as soon as possible after the event takes place, preferably within a week.
   2. The Vice President of Student Services (or a designee) will conduct an impartial and reliable preliminary investigation of all allegations to determine if the allegations have merit and/or if they can be disposed of administratively. Such disposition shall be final and there shall be no subsequent proceedings.
   3. If it is determined that the allegation has merit, the Respondent will receive written notification via the student’s college-generated email that an alleged violation has occurred. In the notification, the student will be assigned an appointment date and time with the Vice President of Student Services (or a designee) to review the facts concerning the alleged violation in order to determine if formal charges should be prepared. Students needing to reschedule the appointment date or time or needing to request accommodations for the proceedings must contact the Vice President of Student Services (or a designee) within five business days of the date listed on the notification letter.  
   4. During this meeting, the Respondent meets one on one with the Vice President of Student Services (or a designee). A parent or advisor will only be allowed in this meeting at the discretion of the Vice President of Student Services (or a designee) when appropriate. In addition, a FERPA (Family Educational Rights and Privacy Act) Authorization to Release Information form  must be signed.
   5. If the Respondent is unable to or does not wish to meet with the Vice President of Student Services (or a designee) in person, the student may submit a notarized statement in writing responding to the allegation, within the notification period. Other arrangements may be made to facilitate the meeting such as video or teleconference when a face-to-face meeting may be difficult for the student and at the sole discretion of the Vice President of Student Services (or a designee). In situations where a meeting other than a face-to-face meeting will be held; the student must provide a copy of their identification to the divisional office before the meeting occurs. However, a face-to-face meeting is the preferred option.
   6. After reviewing the facts with the Respondent, or after reviewing the Respondent’s statement, a decision will be made whether to prepare formal charges, and the accused student will be promptly informed.
      1. In cases in which the Respondent is accused of misconduct (non-Title IX) and potential sanctions include suspension or expulsion, the Respondent may request a judicial board hearing. The hearing may include an opportunity for cross examination. The Judicial Board then recommend formal charges and sanctions to the Vice President of Student Services (or a designee).
   7. In the event that the student fails to appear at the student’s scheduled appointment time or fails to contact the Vice President of Student Services (or a designee) within five (5) business days of the date listed on the written notification a hold may be placed on the student’s record which may result in the student’s enrollment being delayed. The Vice President of Student Services (or a designee) will then review the facts available without the benefit of the student’s participation and make a decision whether to prepare formal charges.
   8. If a decision is made to prepare formal charges, the Vice President of Student Services (or a designee) shall notify the Respondent of the formal charges and imposed sanctions associated with those charges.
   9. If the Responding Student is found Responsible for a violation of the Student Code of Conduct, the assigned sanctions must be completed within the timeframe listed on the student’s formal charges letter.
   10. A Student may appeal the findings and/or sanctions of the Vice President of Student Services (or a designee). All appeals must be in writing and submitted to the Vice President of Student Services within five business days of the date listed on the formal charges letter. The case will then be referred to a Judicial Board for a hearing. The determination of the Judicial Board is final.
       1. In cases in which a Respondent requested a hearing by a Judicial Board for alleged sexual harassment (non-Title IX) and was found responsible for the conduct by the Judicial Board, an appeal of the findings or sanctions will be reviewed by an Appellate Officer. The decision of the Appellate Officer is final.
   11. If the Complainant requests an alternate form of resolution, and the Respondent agrees, the parties will engage in informal mediation. If the informal mediation results in mutual satisfaction of both parties, then the case will be considered adjudicated. If the case is not adjudicated, then it may be forwarded to the Judicial Board for a hearing.
2. Judicial Board Hearing
   1. Prior to a Judicial Board hearing, the Respondent shall be entitled to the following:
      1. A written statement of a decision rendered and/or charges so that the Respondent may prepare a defense;
      2. Written notification of how the alleged violation came to the College’s attention.
      3. The student shall be entitled to an expeditious hearing of the case.
   2. Members of the Judicial Board shall be appointed by the Vice President of Student Services (or a designee) and shall be comprised of the following:
      1. The Vice President of Student Services (or a designee) will serve as the Chairperson. When the Judicial Board is hearing an appeal based on a disciplinary decision of the Vice President of Student Services (or a designee), the Vice President of Student Services (or a designee) will relinquish the Chair, and a temporary Chairperson will be appointed.
      2. Two GOCC employees (a combination of faculty and/or staff) who are trained hearing officers selected by the Vice President of Student Services.
   3. Judicial Board hearings shall be conducted by the Judicial Board according to the following guidelines except as provided by article IV(A)(7) below:
       
      1. The Judicial Board hearing will be scheduled at the convenience of the sitting Board members; however, all efforts will be made to schedule the hearing within 3 weeks.
      2. All Judicial Board hearings shall be conducted in private.
      3. The Complainant and Respondent have the right to be assisted by one advisor or advocate they choose at their own expense (if applicable). The Complainant and/or the Respondent is responsible for presenting the information, and therefore, advisors are not permitted to speak or to participate directly in any Judicial Board hearing. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Judicial Board hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. The Complainant, Respondent, and their advisors, if any, shall be allowed to attend the entire portion of the Hearing Phase (excluding deliberations). Admission of any other person to the Judicial Board hearing shall be at the sole discretion the Chair (or a designee.)
      4. In Judicial Board hearings involving more than one Respondent, the Chair (or a designee), in the Chair’s sole discretion, may permit the Judicial Board hearings concerning each student to be conducted either separately or jointly.
      5. The Complainant, the Respondent and the Judicial Board may arrange for witnesses to present pertinent information to the Judicial Board. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Reporting and/or Responding parties at least two weekdays prior to the Judicial Board hearing. Witnesses will provide information to, and answer questions from, the Judicial Board. The tone of the hearing should be educational and not adversarial. Questions of whether potential information will be received shall be resolved in the sole discretion of the Chairperson of the Judicial Board.
      6. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Judicial Board at the sole discretion of the Chairperson.
      7. All procedural questions are subject to the final decision of the Chairperson of the Judicial Board.
      8. Requests for a continuance shall be at the discretion of the Chairperson of the Judicial Board.
      9. After the portion of the Judicial Board hearing concludes in which all pertinent information has been received, the Judicial Board shall determine (by majority vote) whether the Respondent has violated each section of the Student Code in which the student is being charged. However, the Board may also suggest a different charge to the Chairperson if they believe the facts support charge(s) different than the charge(s) for which the student was originally charged. The Judicial Board will also recommend an appropriate sanction to the Chairperson.
      10. The Judicial Board’s determination shall be made on preponderance of evidence, the basis of whether it was “more likely than not” the Respondent violated the Student Code or General Rules.
      11. Formal rules of process, procedure, and/or technical rules of evidence, such as those that are applied in criminal or civil court, are not used, and do not apply in Student Code of Conduct proceedings/hearings.
      12. If a disruption occurs during the hearing, the Chairperson, in the Chair’s role discretion, may have the disruptive party removed from the hearing.
   4. There shall be a single verbatim record, such as a digital recording, of all Judicial Board hearings. Deliberations shall not be recorded. The record shall be the property of the College. This recording will be maintained only until the appeal process has concluded (if applicable) or until the time of appeal has lapsed. For the purposes of FERPA the recording is considered an educational record and cannot be released unless a release is signed by all students with identifiable information contained in the recording. The recording may be requested under FOIA (Freedom of Information Act) if the hearing only involved one student without any witnesses, and the student is the individual requesting the recording.
   5. If the Respondent, with notice, elects not to appear before a Judicial Board hearing, the student shall be considered to have waived the right to appeal, and the decision at the prior level stands. If the Judicial Board is the initial decision maker, the information in support of the charges shall be presented and considered by the Judicial Board even if the Respondent or the Complainant is not present.
   6. The Chairperson may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, video, audio written statement, or other means, where and as determined in the sole judgment of the Vice President of Student Services or a designee to be appropriate.
   7. Once the Judicial Board has made a decision as to whether more likely than not the Respondent violated the Student Code of Conduct, the Judicial Board will make recommendations to the Chairperson regarding an appropriate sanction.
   8. After receiving the recommendations of the Board, the Chairperson will decide the most appropriate sanction proportionate to the violation.
   9. Due Process procedures apply to complaints of unlawful discrimination or related harassment on the basis of race, color, age, religion, national origin, creed, ancestry, familial status, disability, marital status, height, weight, sexual orientation, veteran’s status, or sexual discrimination including sexual misconduct and sexual harassment raised by employees, students, or third parties against any currently enrolled GOCC students in accordance with Title IX.
      In addition, GOCC will take steps to prevent the recurrence of any discrimination by the Respondent through appropriate sanctions listed under Article IV(C)(1)(a-k) as well as remedy the discriminatory effects on the Complainant or victims through appropriate administrative action.
   10. The Complainant will receive information regarding the notification of alleged violations to the Respondent, as well as the outcome and final decision of the case.
3. Sanctions
   1. In cases of noncompliance with the Student General Rules or a violation of the Student Code of Conduct, the College will impose discipline that is consistent with the impact of the offense on the College community. Progressive discipline principles will be followed in that the student’s prior discipline history at the College will be taken into account. Disciplinary action taken against a student may include, but is not limited to, one or more of the following:
       
      1. Verbal Warning– Student is given a verbal warning and a notation is made in the student’s disciplinary file.
      2. Written Warning— A notice in writing to the student that the student is violating or has violated institutional regulations and a copy of the warning letter is placed in the student’s disciplinary file.
      3. Probation— A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
      4. Loss of Privileges— Denial of specified privileges for a designated period of time.
      5. Restitution— Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
      6. Discretionary Sanctions— Work assignments, essays, service to the College, Community Service, or other related discretionary assignments.
      7. College no contact orders– between the Respondent and the Complainant (when appropriate).
      8. College Suspension— Separation of the student from the College for a definite period of time (usually a year or less) after which the student is eligible to return. Conditions for readmission may be specified.
      9. College Dismissal— separation of the student from the College for a year or more. The student may be eligible for return. Conditions for readmission may be specified.
      10. College Expulsion— separation of the student from the College permanently.
      11. Revocation of Admission and/or Degree— Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
   2. Withholding Degree or Certificate — The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.
   3. More than one of the sanctions listed above may be imposed for any single violation.
   4. The following sanctions may be imposed upon groups or organizations:
       
      1. Those sanctions listed above in article IV (C)(1) (a-k).
      2. Loss of selected rights and privileges for a specified period of time.
      3. Deactivation. (Loss of all privileges may be issued, including College recognition, for a specified period of time.)
   5. Once the Judicial Board has determined that a student and/or group or organization has violated the Student Code or General Rules, the sanction(s) shall be recommended by the Judicial Board to the Chair. The Chairperson shall make a final determination of the sanction to be imposed, taking into consideration the Judicial Board’s recommendations.
   6. Following the Judicial Board hearing, the Judicial Board and the Chairperson shall advise the Respondent, group and/or organization in writing of the decision/finding and of the sanction(s) imposed, if any.
4. Interim Suspension
   In certain circumstances, the Vice President of Student Services (or a designee), may impose a College suspension prior to a Judicial Board hearing.
    
   1. Interim suspension may be imposed only in the following circumstances:
       
      1. to ensure the safety and well-being of members of the College community or preservation of College property; or
      2. to ensure the student’s own physical or emotional safety and well-being; or
      3. if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
   2. Interim suspension will take effect immediately upon the direction of the Vice President of Student Services (or a designee) and may last through the completion of the conduct process.
   3. During the interim suspension, a student shall be denied access to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Vice President of Student Services (or a designee) may determine to be appropriate.
   4. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and including the completion of the Judicial Board hearing, if required.
5. Appeals
   1. A decision reached by the Vice President of Student Services (or a designee) may be appealed by either the Complainant or the Respondent to the Judicial Board within five (5) business days of the decision. Such appeals shall be in writing via letter or college-generated email to the Vice President of Student Services Office.
   2. A decision reached by the Judicial Board may be appealed either by the Complainant or the Respondent within five (5) business days of the decision. Such appeals shall be in writing via letter or college-generated email to the Vice President of Student Services. The appeal will be reviewed by an Appellate Officer of the College.
   3. An appeal shall be limited to a review of the verbatim record of the Judicial Board hearing and supporting documents for one (or more) of the following reasons only:
       
      1. A material deviation from written procedures that jeopardized the fairness of the process
      2. New information, that was unavailable at the time of the hearing, would have resulted in a different outcome
      3. A demonstrable bias by a member(s) of the hearing board
      4. A sanction that is (substantially) disproportionate to the severity of the violation
   4. If an appeal is approved by the Appellate Officer, the matter shall be returned to a new Judicial Board and Chairperson for a rehearing, which will take into consideration the suggestions made by the Appellate Officer in addition to the facts that were originally presented.
      The decision of the new Judicial Board, after it has rendered its decision, shall be final and binding upon all involved.
   5. If an appeal is not approved by the Appellate Officer, the matter shall be considered final and binding upon all involved.
6. Retaliation

The College seeks to foster an environment in which all employees and students feel free to report incidents of misconduct without fear of retaliation or reprisal. Therefore, the College strictly prohibits retaliation against any individual for filing a complaint or for participating in an investigation or hearing. Retaliatory conduct is constitutes a violation of this code.

Any student who believes that they have been harassed or retaliated against in violation of this policy should immediately report such incidents to the Vice President of Student Services.

All allegations of retaliation will be thoroughly investigated.  If it is determined that retaliation has occurred, the College will take all reasonable steps within its power to stop such conduct. Individuals who engage in retaliatory conduct are subject to disciplinary action, up to and including expulsion. 

ARTICLE V: Interpretation and Revision

1. Any question of interpretation or application of the Student Code or General Rules shall be referred to the Vice President of Student Services (or a designee) for final determination.
2. The Student Code shall be reviewed every year under the direction of the Vice President of Student Services (or a designee).

Adopted by Board of Trustees March 10, 1993, revised 6/9/99, 10/9/02, 9/14/05, reviewed 9/17/14, revised 10/12/2017, revised 10/15/19, revised 9/10/20