/Institutions/Western-Piedmont-Community-College/json/2023-2024/Catalog-local.json

/Institutions/Western-Piedmont-Community-College/json/2023-2024/Catalog.json

Discipline and Appeal for Non-Academic Violations

OVERVIEW

The Dean of Student Services (Dean) is responsible for implementing these Procedures to provide an orderly and equitable process and correct and prompt compliance by all parties.

These Procedures apply to non-academic violations defined in Policy 05.03.020 – Student Code of Conduct. For academic-related violations, see Procedure 04.02.110.a – Academic Integrity. For issues regarding sexual harassment and sexual violence, see Procedure 05.03.040.a – Sexual Harassment and Sexual Violence and for issues related to other forms of unlawful discrimination, see Procedure 05.03.040.b – Unlawful Discrimination. 

NON-ACADEMIC RELATED VIOLATIONS

1. Theft and Property Damage – Students shall not steal or damage College property or another individual’s property. Students who are caught stealing or damaging said property will be required to make restitution and may be eligible for civil or criminal prosecution as well as College discipline.
2. Trespass to Property – Students are trespassing if in an unauthorized area of the College campus; present on the College campus after closing hours (without permission); or remaining on the College campus after having been directed to leave by a College official.
3. Drugs and Alcohol – Unlawfully possessing, using, being under the influence of, manufacturing, dispensing, selling or distributing alcohol, illegal or unauthorized controlled substances or impairing substances at any College location. For more specific information, see Policy 05.03.050 – Students – Alcohol and Drugs on Campus. In addition, students may not vape, or use tobacco of any form or e-cigarettes on campus or at any College-affiliated activities or events.
4. Lewd and Indecent Behavior – Students shall not engage in lewd or indecent behavior, including public physical or verbal action or distribution of obscene material based on reasonable community standards. The conduct must be objectively severe or pervasive enough that a reasonable person would agree that the conduct constitutes lewd and/or indecent behavior.
5. Mental/Physical Abuse – Students shall not mentally or physically abuse any person on the College premises or at a College-supervised function, including verbal or physical actions which threaten or endanger the health or safety of any such persons.
6. Assault – Students shall not assault or threaten to assault another person for any reason whatsoever. Assault includes a demonstration of force, unlawful physical touching or striking.
7. Sexual Harassment and Sexual Violence- Students shall not engage in sexual harassment and/or sexual violence. For more specific information and definitions of prohibited activities, see Procedure 05.03.040.a – Sexual Harassment.
8. Unlawful Discrimination- Students shall not engage in unlawful discrimination. For more specific information and definitions of prohibited activities, see Procedure 05.03.040.b Unlawful Discrimination.
9. Communicating Threats – Students shall not verbally, in writing, through a third party or by any other means threaten to physically injure another person or that person’s child, sibling, spouse or dependent, or willfully threaten to damage the property of another.
10. Disorderly Conduct and Disruption – Students shall not obstruct or disrupt any teaching, research, administration or disciplinary proceedings, or other College activities, including public service functions, and other duly authorized activities on or off College premises. Students shall not occupy or seize, in any manner, College property, a College facility or any portion thereof for a use inconsistent with prescribed, customary, or authorized use. Students shall not participate in or conduct an assembly, demonstration or gathering in a manner which threatens or causes injury to person or property; which interferes with free access to, ingress or egress of College facilities; which is harmful, obstructive or disruptive to the educational process or institutional functions of the College; hold rallies, demonstrations, or any other forms of public gathering without prior approval of the College based on reasonable time, place and manner restrictions; remain at the scene of such an assembly after being asked to leave by a representative of the College staff.
11. Failure to comply with the Western Piedmont Communicable Disease Policy as published in the College Policy Manual (03.04.050);
12. Possession of Weapons – Students may not have a weapon of any kind, including but not limited to, a knife, stun gun or any firearm in their possession on campus or at any College-affiliated activities or events except handguns as allowed by N.C.G.S. § 14-269.4.Handguns are permitted under these circumstances: a) the person has a concealed handgun permit that is lawfully issued; b) the handgun is in a closed compartment or container within the person’s locked vehicle; c) a person may unlock the vehicle to enter or exit the vehicle provided the handgun remains in the closed compartment at all times; and d) the vehicle is locked at all times.
13. Tampering with Fire Alarms - Setting off a fire alarm or using or tampering with any fire safety equipment, except with reasonable belief in the need for such alarm or equipment.
14. Gambling – Students may not gamble on campus or at any College-affiliated activities or events.
15. Traffic Violations - Violation of College regulations regarding the operation and parking of motor vehicles.
16. Providing False Information – Students shall not present to the College or its employees false information as part of an investigation, inquiry, hearing or in other matters related to College activities; neither may a student knowingly withhold information which may have an effect on their enrollment or their status with the College.
17. Disobedience / Insubordination - Failure to comply with instructions of College officials acting in performance of their duties and failure to adhere to the terms of any discipline action.
18. Financial Impropriety – Financial impropriety such as failure to pay College-levied fines, failure to repay College-funded loans, misuse or failure to properly account for club or student organization funds, or the passing of worthless checks, drafts or orders to College officials.
19. Public Laws – Violations of any federal, state or local laws occurring while on campus may lead to legal actions as well as College discipline. Violations of federal, state or local laws occurring off campus may result in disciplinary action if the student’s continued presence on campus constitutes a threat to the safety and order of the campus.
20. Failure to Report Criminal Activity - Failure to inform the College, in writing, within five (5) days after being convicted for violation of any federal, state, or local criminal drug statue or alcoholic beverage control statute where such violation occurred while on a College location. For more information, see Policy 05.03.050 – Student Alcohol and Drugs on Campus.
21. Unauthorized Access to College Records – Students may not access, view, copy or change official College records without expressed authority to do so.
22. Animals on Campus – Students may not have an animal of any kind on campus except as permitted in Policy 05.04.050 – Service Animals and Other Animals on Campus.
23. Improper Use of the College Network/Technology – Students are prohibited from engaging in any activities prohibited under Policy 07.01.020 – Internet and Acceptable Use.
24. Disruption of any process of the College by force, noise, coercion, threat, passive resistance or any other action or inaction that materially and substantially interferes with the College's normal operations
25. Smoking and/or using other tobacco products on College property or in College vehicles.
26. Unauthorized use of electronic communication and equipment – Students are prohibited from unauthorized use of electronic communication and equipment, such as telephones and pagers in College classrooms, labs, test taking situations and assemblies. (The only exception to this policy will be for on-call emergency personnel, i.e. EMS, police and firemen who are required to notify their instructor of their need for such devices at the beginning of the term and to provide documentation verifying their occupation); Disruption of peace and order by playing loud music while on campus with electronic devices or motor vehicles is prohibited.

SANCTIONS FOR VIOLATIONS

The following sanctions may be imposed for non-academic violations. The listing is not inclusive of all sanctions which the College may choose to exercise. The College may impose more than one sanction for each misconduct

1. Reprimand. A reprimand is written communication which gives official notice to the student that any further disciplinary offense will carry heavier penalties because of this prior infraction.
2. Disciplinary Probation. Disciplinary probation results in loss of good standing and becomes a matter of record. While on disciplinary probation, the student will not be eligible for initiation into any local or national organization and shall not receive any College award or other honorary recognition. The student may not occupy a position of leadership or responsibility with any College or student organization, publication or activity. This sanction prohibits the student from officially representing the College or participating in any extracurricular activities including intramural competitions. Disciplinary probation will be in effect for not less than two (2) semesters including the current semester. Any further disciplinary offenses while under disciplinary probation will result in the student’s immediate suspension.
3. Restitution. Restitution is paying for damaging, misusing, destroying or losing property belonging to the College, College employees or students.  Restitution may take the form of financial payment or appropriate service to repair or otherwise compensate for such damages.
4. Withholding Academic Records and/or the Right to Register. Withholding transcripts, diplomas or the right to register or participate in graduation ceremonies is imposed when a student’s financial obligations are not met or the student has a disciplinary case pending final disposition.
5. Temporary Suspension. Temporary suspension is the exclusion from all College property and all College activities pending the resolution of a disciplinary proceeding. At the discretion of the Vice President or designee, and with approval of, and in collaboration with, the appropriate Academic Deans/supervisor, alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding students.
6. Disciplinary Suspension. Discipline suspension is the exclusion from all College property and all College activities for a specified period of time.  This sanction is reserved for those offenses warranting discipline more severe than disciplinary probation. A student under disciplinary suspension must receive specific written permission from the Vice President before returning to campus. Students are placed on indefinite disciplinary probation upon their return from suspension. Disciplinary suspension appears on the student’s academic transcript.
7. Expulsion. Expulsion is permanent dismissal from the College, which includes no trespassing on any College property. The student may be readmitted to the College only with the approval of the Vice President.  Expulsion appears on the student’s academic transcript.
8. Involuntary Withdrawal From Course(s). Involuntary withdrawal from a course may be used to resolve a conflict. The Vice President may move a student form one course section to another course section.
9. Personal Counseling Referral. Personal counseling referral may require a student to attend one or more counseling/advising sessions with a College advisor or an outside counseling agency before returning to the College. The student must provide documentation of the required counseling prior to returning.
10. Removal of Network Use Privileges. A violation of the Information Technology policies and procedures and/or Peer-to-Peer File Sharing policies may result in the removal of network use privileges.
11. Legal Prosecuting. If the College believes a violation of local, state, or federal law has occurred, the violation will be referred to local, state, or federal authorities for prosecution. 
12. Group Probation.  Group probation is given to a College club or other organized student group for a specified period of time. If group violations are repeated during the term of probation, the charter may be revoked or activities restricted.
13. Group Restriction. Group restriction is removing College recognition during the semester which the offense occurred, or for a longer period (usually not more than one other semester). While under restriction, the group may not seek to add members, hold or sponsor events in the College community or engage in other activities as specified.
14. Group Charter Revocation. Revocation is the removal of College recognition for a group, club, society or other organization for a minimum of two (2) years. Re-charter after that time must be approved by the President.

In addition to the above stated sanctions, the College may require counseling. The student may be required to attend one or more counseling sessions with a licensed professional counselor. The student may be required to complete counseling before returning to the College after a period of suspension or expulsion. The student must provide written documentation from the licensed professional that the requirement has been met. Additionally, if required by the Vice President, the student must also provide a statement from the licensed professional that the student is able to return to class based on their professional judgment.

Student refunds of tuition, fees, or other costs associated with attending the College will not be issued when discipline sanctions are imposed which result in the student losing privileges and/or access to services.

If a student receives disciplinary suspension before the course withdrawal deadline, the student will receive a “W” as the course grade. If the student receives disciplinary suspension after the course withdrawal deadline, the student will receive an “F” as the course grade.

IMMEDIATE REMOVAL FROM CAMPUS

If an act of misconduct threatens the health, safety or well-being of any member of the academic community and/or seriously disrupts the function and good order of the College, an instructor, staff member, or administrator will immediately notify Security who will immediately meet with the student and direct the student to cease and desist such conduct and advise the student that failing to cease and desist will result in an immediate removal from campus. If Security is not available or feasible, a College Vice President or Dean of Student Services should be contacted. If the student(s) fails to cease and desist, or if the behavior is such that the student(s) needs to immediately be removed from campus, Security, the College Vice President, or the Dean of Student Services may then immediately have the student(s) removed from campus.

Security or the Vice President invoking the removal shall notify the Dean of Student Services in writing of the student involved and the nature of the infraction as soon as possible but no more than one (1) working day following the incident. Upon receipt of the written notice, the Dean shall meet with the student as soon as possible to allow the student to present their side. If, in the Dean’s opinion, the student behavior threatens the health, safety and well-being of the College community, the Dean shall place the student on temporary suspension pending the outcome of the disciplinary matter. Temporary suspension may be imposed only: (a) to ensure the safety and well-being of members of the College; (b) to ensure the student's own physical or emotional safety and well-being; or (c) if the student poses a direct threat of disruption or interference with the normal operations of the College.

DISCIPLINE ISSUES OCCURRING INSIDE THE CLASSROOM

Instructors are responsible for classroom management and maintaining a positive learning environment for all students in all course delivery methods. Instructors are responsible for establishing reasonable behavioral standards for the learning environment. These course, behavioral, and netiquette norms, and the Student Code of Conduct, shall be included in the course syllabus.

Classroom disruption is behavior that a reasonable person would view as substantially or repeatedly interfering with normal class activities. Examples may include, but not limited to, the following:

• Continuously making loud or distracting noises or gestures
• Persist in speaking without being recognized
• Continuously entering or exiting the classroom
• Continuously not following instructor's standards for virtual learning

When students are continuously disrupting the classroom learning environment, instructors will address the disruption by following the steps below:

1. Address the situation at the lowest level possible
2. Issuing a general verbal warning to the classroom
3. If the behavior continues, address the student individually in a courteous and respectful manner
4. If the student continues the disruptive behavior, the instructor will consult with the appropriate Deans/Director to decide if the student's ongoing behavior warrants a Violation of Normal Classroom Behaviors described in Policy 5.3.2 - Student Code of Conduct.

Incident Report

Any College employee or student may file written charges with the Dean of Student Services against any student or student organization for violations of the Student Code of Conduct. The individual(s) making the charge must complete and submit the Student Behavior report online through the College's approved reporting forms within given rise to the alleged violation. Individuals should recognize that delays in filing a report may significantly impair the ability of the College to investigate and respond.

Investigation and Determination

The Dean of Student Services shall conduct a preliminary inquiry into the nature of the incident, the evidence available, and the parties involved. The preliminary inquiry will lead to 1) a determination that there is insufficient evidence to pursue the investigation, because the behavior alleged, even if proven, would not violate the Student Code of Conduct, (e.g.: for reasons such as mistaken identity or allegations of behavior that falls outside the code); or 2) a more comprehensive investigation, when it is clear more information must be gathered.

If a more comprehensive investigation is determined, the Dean shall conclude the investigation   within ten (10) business days after receipt of the incident report,  meeting with the student (or student representative(s) on behalf of a student organization), presenting the results of the investigation and provided the student (or student representative(s)) with an opportunity to present their side.  After discussing the alleged infraction with the student, the Dean of Student Services may act as follows:

1. Drop the charges, student found "not responsible";
2. Impose a sanction, student found "responsible"; or 

If the student fails to meet with the Dean, or the College is unable to contact the student, the College may find the student responsible and impose sanctions. All disciplinary actions should be progressive in nature and should take into account the totality of the situation; however, depending on the severity of the infraction, even first-time offenses could result in suspension or expulsion. The College uses the preponderance of the evidence as the standard for proof of whether a violation occurred.

Notification

The Dean of Student Services shall provide the student with a written decision and instructions governing the appeal process. Such notice shall be given in person or sent to the student’s College email address or mailing address of record. The Vice President’s Dean of Student Services decisions shall not be tolled pending appeal. 

A student who disagrees with the or Dean of Student Service’s decision will be accorded due process in all disciplinary proceedings. The due process procedure is detailed in the General Catalog, College Policy Manual, and Student Handbook.  See Grievance Procedure

Student Voluntary Withdrawal

If a student is accused of violating the Student Code of Conduct and voluntarily withdrawals prior to the conclusion of the disciplinary matter without the consent of the Dean, the student will not be allowed to re-enroll to the College unless reasonable re-entry restrictions, as determined by the President, are satisfied. For students who withdrew prior to a determination regarding alleged misconduct that threatened the health, safety or well-being of any member of the academic community and/or seriously disrupted the function and good order of the College, in addition to other reasonable re-entry restrictions, the student must provide proof from a psychiatrist or licensed psychologist, at the student’s expense, that the student no longer poses a direct threat.