Student Conduct

Expectations

The College reserves the right to maintain a safe and orderly educational environment for students and staff. Therefore, when in the judgment of college officials, a student’s conduct disrupts or threatens to disrupt the educational objectives of the college, appropriate disciplinary action will be taken to restore and protect the orderliness of the Eastern Shore Community College community.

Violations

A student may be subject to disciplinary action for conduct code violations which include, but are not limited to, the following:

• Material disruption or obstruction of teaching, research, administration, disciplinary proceedings, or any other college activities.
• Assault and/or battery. Under no circumstances will the college tolerate fighting or physical violence while a student is on campus property or at college activities.
• Psychological abuse or harassment such as taunting, badgering, stalking, threatening, or intimidating behaviors and/or actions which unreasonably interferes with an individual’s work or academic performance or creates an intimidating, hostile or offensive work or academic environment.
• Participating in or inciting a riot or an unauthorized disorderly assembly.
• Seizing, holding, commandeering, or damaging any property or facilities of the college, or threatening to do so, or refusing to depart from any property or facilities of the college upon direction by college officials or other persons authorized by the institution.
• Use of alcoholic beverages, including the purchase, consumption, possession or sale of such items except where specifically authorized by state law and regulations of the college.
• Failure to comply with the official and proper order of a duly designated college official.
• Gambling or holding a raffle or lottery on college property or at any college function without proper college or other necessary approvals.
• Use, possession, manufacture, sale, or distribution of narcotics or hallucinatory drugs or controlled substances of any nature.
• Use or possession of weapons (guns, knives, etc.) on one’s person or in one’s motor vehicle while on campus.
• Littering.
• Defacing, destroying, damaging, removing or using public or private property without proper authorization.
• Violating any rule or regulation not contained within the official college publications, but announced as administrative policy by the president or the president’s designee via student e-mail.
• Encouraging or assisting others to commit any of the acts which are prohibited by this Code.
• Knowingly furnishing false information to the college, including the forgery, alteration or misuse of college documents, instruments, or identification.
• Obscene conduct or public profanity.
• Theft, larceny, or embezzlement.
• The use of pagers, cell phones, or other communication devices, which are not set to a silent mode, in the classroom, laboratory, or library. These devices are allowed on campus and can be used in any other setting where they will not disturb any student, faculty, or staff.
• Conducting oneself in a manner that endangers the health or safety of other persons.

Sanctions/Penalties

For violations of the Student Conduct Code, the following penalties may be imposed:

• Admonition: An oral or written statement to a student that she/he is violating or has violated college rules and may be subject to more severe disciplinary action unless the violation ceases or is not repeated. An admonition is an action which may be administered by the Chief Student Affairs Officer without further review.
• Immediate Suspension: A student may be suspended immediately when, in the judgment of the college’s President or the President’s designee, the presence of the student poses a serious threat to persons and/or property. Immediate suspension may also be exercised when the student refuses to cease disruptive behavior or conduct in violation of this policy after direct orders and/or admonition from the President or the President’s designee. When such suspension is involved, the student must leave the campus immediately. Students refusing to do so will be removed by law enforcement authorities and charged with trespassing.
• Disciplinary Probation: Exclusion from the privilege of participating in extracurricular activities of the college, including the holding of any student office, for a definite period of time. Also, a student may be restricted from using the student lounge or computing resources for a defined period of time.
• Disciplinary Suspension: Exclusion from attending college as a student for a definite period of time, not to exceed one year. A student who is suspended will be required to appear before the Admissions Committee before readmission can be granted.
• Disciplinary Dismissal: Removal from the college for a period in excess of one year. Students desiring to return will be required to appear before the Admissions Committee. Readmission is not assured. The conditions of readmission, if any, will be stated in the order of dismissal.
• Restitution for Damages: Reimbursement for damaged or misappropriated property. This may take the form of appropriate service to repair or otherwise compensate for damages.
• Bar against readmission to the college.

Disciplinary Procedures

The Chief Student Affairs Officer (CSAO) is responsible for carrying out disciplinary procedures except as otherwise noted in college policies. The college reserves the right for the President to appoint a designee to carry out the disciplinary procedures in the event of the absence of any administrator who is involved in this process.

Any administrator, faculty, staff member, or student may file a written Incident Report within three class days with the Chief Student Affairs Officer against any student for a violation of any college rule or regulation. Incident Report forms are available in the Registrar’s office. The CSAO will complete an investigation of the alleged violation within four class days after such Incident Report is filed.

Unless the CSAO’s initial investigation clearly reveals that the allegation(s) are unfounded, within those four days the CSAO will summon the student alleged to have violated the conduct code by certified letter addressed to the student at his or her address of college record. The CSAO will also send such notification to the student via college e-mail. The summons shall notify the student of his or her alleged violation(s) and will identify the person(s) reporting the allegation(s). It shall also instruct the student to appear at a meeting with the Chief Student Affairs Officer at a specific time and place not more than five class days after the date of the letter for possible disciplinary action. The Chief Student Affairs Officer may place on disciplinary probation any student who refuses or fails to appear for such meeting without reasonably attempting to arrange another date for such a meeting. The college may deem the student’s refusal to attend this meeting as a waiver of the right to contest the charges alleged against him or her.

During the meeting with the CSAO, the student will be advised of the allegation(s), the possible sanctions that he or she may receive if found guilty of the charge or charges, and the right to a hearing to contest the charge or charges. The Chief Student Affairs Officer shall determine whether to 1) dismiss the alleged violation as unfounded; 2) administer an admonition if the violation is founded but not severe; 3) impose an appropriate disciplinary sanction in accordance with the Student Conduct Code when the facts are not in dispute and the student cannot reasonably dispute the charge; or 4) refer violations, either where the facts are in dispute or where admonition is inappropriate, to the Student Conduct Committee. If possible, the CSAO will communicate his or her determination at the meeting with the student.

The CSAO will provide a formal written determination to the student by certified mail within three class days of the meeting. A student refusing to accept the CSAO’s imposition of an admonition or another sanction may request a hearing before the Student Conduct Committee in writing to the committee within five class days of receiving the CSAO’s written disposition. If the student accepts the CSAO’s admonition or sanction, he or she shall sign a statement that he or she understands the nature of the charges and waives the right to contest the disposition of the charges at a hearing.

If the CSAO determines that a hearing by the Student Conduct Code Committee is necessary because the case may involve disciplinary probation, suspension, or dismissal, the CSAO will notify the student by certified mail of the charge or charges against him or her, advise the student of his or her right to present his or her case and to have an advisor present, to furnish evidence in his or her behalf, to call witnesses in his or her behalf, and to confront witnesses against him or her. The notice will further provide the date, time, and place the Student Conduct Committee has set for the hearing. The hearing will be scheduled within five class days of the mailing of the CSAO’s letter. The Student Conduct Committee may postpone the hearing date for good cause with notice of the new hearing date, time, and place to the student and all other affected parties. The student may waive the right to such a hearing in writing.

The Student Conduct Committee will be composed of two faculty members and one student (selected from the Student Government Association, unless no one is available to serve), with consideration given to having a committee with diversity of race and gender. Members of the committee will be appointed by the President of the College. The Chief Student Affairs Officer will be a non-voting observer at committee hearings, will represent the College, and will defend its determination of an admonition or sanction at the hearing.

To guarantee that a student receives due process, the following elements will be made available to the parties involved:

1. Published rules, regulations, and procedures (college catalog or handout).
2. Written notice to the student of the charge(s) for violating rules and regulations.
3. A hearing or oral proceeding before the Student Conduct Committee.
4. Information about witnesses who may give evidence to support the charge(s) and the opportunity to call witnesses on the student’s behalf.
5. Right for witnesses to be called by either the committee or the student to testify; the committee may cross- examine witnesses.
6. Right to have an advisor or counsel at the hearing at the student’s expense to advise the student. Any attending counsel on the student’s behalf, however, may not participate in the hearing, address nor interrogate the committee or witnesses.
7. Right for an un-emancipated juvenile to have his or her parents or legal guardian present at the hearing.
8. With the possible exception of un-emancipated juveniles, there is no right to have parental or “third party” interventions in any way concerning a student’s hearing. Students are considered adults and such interventions invade a student’s individual right to confidentiality during these procedures.
9. A written, audio-taped, or video-taped record of the hearing.
10. A prompt written decision.
11. Information about appeal procedures.

The Student Conduct Committee will conduct a review of available evidence regarding the alleged violation and will vote on whether the student is guilty of the charge or charges. If a majority of the committee members vote that the student is guilty of the charge or charges, the committee will give the Chief Student Affairs Officer a finding of facts and a recommendation as to any disciplinary action. Unless the Chief Student Affairs Officer determines that the Student Conduct Committee’s findings and recommendations are clearly not supported by the evidence, he or she will impose the committee’s disciplinary decision. Within four (4) class days of the conclusion of the hearing, the Chief Student Affairs Officer will communicate the disciplinary decision in writing by certified mail to the student.

Students receiving a disciplinary sanction after his or her hearing may appeal such decision to the President of the college. Appeals must be in writing and must be received within five class days of the CSAO’s decision.

The President will render a final decision on the appeal within ten (10) class days of receipt of the appeal.

Enforcement

All college personnel and students are responsible for enforcing college rules and regulations. When a college employee or student observes a student code of conduct violation, he or she should take reasonable immediate measures to report the violation to the Chief Student Affairs Officer or, in his or her absence, any other college administrator. The college reserves the right at all times to take such prompt action as may be needed to preserve the peace, integrity, and safety of the educational process and campus environment.