Conduct Subject to Disciplinary Action

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CONDUCT SUBJECT TO DISCIPLINARY ACTION

The following constitutes conduct prohibited by the College for which a student or student organization is subject to disciplinary action:

  1. A. Academic Dishonesty. Actions constituting violations of academic dishonesty include, but are not limited to the following: Cheating, Collusion, Fabrication, Plagiarism, unauthorized or improperly cited use of artificial intelligence. Incidents of Academic Dishonesty can be adjudicated through the Student Code of Conduct when repeated offenses occur, or the scale of the alleged violation is not adequately addressed through the Academic Honesty policy (AP 5540 – Academic Honesty)
  2. B. Alcohol, Drug, and Tobacco Violations:

Alcohol. The use, possession, delivery, sale, or being under the influence of any alcoholic beverage is prohibited on College premises and during College-related or sponsored events and activities, except as permitted by law and applicable College policies.

Drugs. The use, possession, delivery, sale, or being under the influence of any illegal drugs is prohibited at all times. This includes unauthorized use of prescription drugs.

Marijuana. The possession, consumption, being under the influence of, or furnishing marijuana, cannabis, or any of its derivatives is prohibited on the College premises and during College-related or sponsored events and activities.

Tobacco and Inhalants. Possession and use of tobacco products and inhalant delivery devices is prohibited on all OCCC grounds and property including, but not limited to: in College buildings, at College-sponsored activities, in vehicles on College grounds on the main campus and at all centers, including satellite properties.

  1. C. Assault, Endangerment, Harassment, and Intimidation. Any non-physical contact, including but not limited to, bullying, intimidating, or threatening behavior, that obstructs a person from engaging in individual activities; puts a person in reasonable fear for personal safety; causes or creates a substantial risk of personal injury or property damage; or causes or is intended to cause emotional or physical distress. Non-physical contact includes all forms of direct or indirect contact with another person, including, but not limited to, written, electronic, or telephonic communication of any form. Unwelcome physical contact that obstructs or disrupts a person from engaging in individual activities; puts a person in reasonable fear for personal safety; or causes or creates a substantial risk of personal injury or property damage.

Reporting Amnesty

OCCC encourages all community members to report behavior associated with assault, endangerment, harassment, and intimidation. To support such reporting, OCCC will not pursue student conduct proceedings against a reporting student, a complainant, a respondent or witness for their personal use of alcohol, marijuana or other drugs at or near the time of the incident provided their use did not place the health or safety of any other person at risk. OCCC may, however, initiate an educational discussion with any student regarding their personal use of alcohol, marijuana, or other drugs. OCCC’s reporting amnesty is in alignment with ORS 471.434.

OCCC will not pursue any conduct violation against a survivor for substance use, including alcohol, at the time of sexual assault/harassment if the sexual assault/harassment is reported to the VPASA/Title IX Coordinator, or the Director of Human Resources, or the Vice President of Administration.

  1. Hazing. An act which endangers or jeopardizes the mental or physical health or safety of a student or other College community member, 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. This includes but is not limited to all violations of applicable hazing laws. The express or implied consent of the person subject to the hazing does not relieve an individual or group from responsibility for violating the Code. Apathy or acquiescence in the presence of hazing are not neutral acts but are violations of this rule.
  2. Harassment. Unwelcome verbal, nonverbal, visual, or physical conduct that is so severe, persistent, or pervasive that it interferes with or limits the ability of a student, faculty, or staff member to participate in, or benefit from, the College’s educational and/or employment opportunities, programs, or activities. A single, serious incident may also constitute harassment. At the College’s sole discretion, harassment may be addressed through the College’s Nondiscrimination (AP 3410) instead of, or in addition to, this Code.
  3. Sexual Misconduct. Unwanted conduct of a sexual nature that constitutes sexual harassment, sexual assault, relationship violence (including domestic violence and dating violence), stalking, and includes related acts of retaliation. Relevant definitions and the procedures for addressing possible sexual misconduct are included in the College’s Prohibition of Sexual Harassment under Title IX (AP 3433) and/or Prohibition of Sexual Harassment (AP 3430). At its sole discretion, the College may address possible sexual misconduct through this Code instead of, or in addition to, another policy.
  4. Sexual Harassment: defined as any unwelcome conduct of a sexual nature, including sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual or gender-based nature.
  5. Sexual Assault: a forcible or non-forcible sexual act or sexual contact that occurs without the consent or permission of the other person, Consent is words or overt actions indicating a freely given agreement to the sexual act or sexual contact in question. Consent is not an absence of “no.”

iii. Domestic Violence: An intra-family offense that results in physical injury, including physical pain or illness, or that caused or was intended to cause reasonable fear of imminent serious physical injury or death.

  1. Dating Violence: An offense against an intimate partner (romantic, dating, or sexual relationship) that results in physical injury, including physical pain or illness or that caused or was intended to cause reasonable fear of imminent serious physical injury or death.
  2. Stalking: A course of conduct directed at a specific individual with the intent to cause that individual (or where the person knows or should have known that it would cause the individual) to fear for his or her safety or the safety of another person; feel seriously alarmed, disturbed, or frightened; or suffer emotional distress.
  3. D. Disruptive Behavior
    1. Obstruction or disruption of teaching, learning, research, administration, disciplinary procedures, other College-related or sponsored activities, including the College’s public service functions, or other authorized activities on College-owned or controlled property.
    2. Obstruction or disruption interfering with the freedom of movement, including obstruction of the free flow of pedestrian or vehicular movement on College property or at a College activity.
    3. Leading or participating in any activity that unreasonably infringes on the rights of another member of the College community or that is intended to or reasonably may incite another person to unreasonably infringe on the rights of another member of the College community.
    4. Interfering with someone else’s participation in a College activity, event, or process.
    5. E. Failure to Comply.
    6. Failure to comply with reasonable directions of College officials, acting in the scope of their duties. In some cases, “officials” may be students employed to act on behalf of the College.
    7. Failure to comply with any disciplinary sanction imposed under the Code.
    8. F. Falsification of Information. Includes, but is not limited to:
    9. Knowingly furnishing false information, or failing to furnish correct information, in response to a request or requirement of a College Official.
    10. Forging, altering, or misusing OCCC documents, records, or identification cards, including electronic documents and records.
    11. Unauthorized use of another individual’s identification or password or sharing one’s personal identification or password with an unauthorized user.
    12. Knowingly reporting a false emergency.
    13. Knowingly making false statements or knowingly submitting false information in bad faith as part of a complaint or report or associated with an investigation into misconduct.
    14. G. Fire and Life Safety. Includes, but is not limited to:
    15. Tampering with fire safety equipment, generating a false alarm, or engaging in behavior that constitutes a fire or safety hazard.
    16. Failure to evacuate a College building after an alarm has sounded.
    17. Failure to follow the fire and/or life safety-related directives of a person authorized to give such directives.
    18. H. Property Theft and/or Damage. Attempted or actual theft of, unauthorized use or possession of, and/or damage to property of the College or of a member of the College community.
    19. Misuse of Computing Resources. 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. Using OCCC computer resources and/or networks to send threatening or harassing messages or view pornographic materials is forbidden. See AP 7320 - Technology Acceptable Use Policy.
    20. Recording.
    21. Using, obtaining, or attempting to obtain electronic or other means to photograph or record the likeness of another without the individual’s consent, in any situation in which there is a reasonable expectation of privacy, is prohibited. This includes, but is not limited to, recording another person in an intimate situation.
    22. Recording in any College locker room or restroom is strictly prohibited.
    23. Recordings of lectures and presentations may not be used for any reason other than personal educational purposes and may not be shared publicly.
    24. K. Retaliating, or attempting to retaliate, against any individual for exercising one’s rights or reporting, providing information, or otherwise being involved in the process of responding to, investigating, or addressing allegations or violations of federal, state, or local law, or College policy, including, but not limited to, the provisions of this Code.
    25. L. Unauthorized Access. Unauthorized possession, duplication, or other use of a key, keycard, or other restricted means of access to College Premises, or unauthorized entry onto or into College premises.
    26. M. Violation of College Policy. Violation of any College policy, rule, or regulation that is posted by a College Official or available electronically on the College website.
    27. N. Violation of Law or Regulation. Engaging in conduct that is contrary to any federal, state, or local law when such violation interferes with, or poses a risk to, the College or interferes with other students’ participation in College premises, activities, or events.
    28. O. Weapons and Dangerous Materials. Possession or use of firearms, destructive materials or devices, or other weapons including replicas of weapons, or dangerous chemicals on College premises or use of any item in a manner that harms, threatens, or causes disruption to the educational environment. Exceptions to this policy are permitted when the weapon and/or dangerous materials are used in conjunction with an approved College instructional program, are carried by a duly constituted law enforcement officer, or are otherwise permitte