General Misconduct Procedures

GENERAL MISCONDUCT PROCEDURES

A. Temporary Removal of Registered Students (Interim Actions). If a student is engaging in disruptive behavior, a course instructor may temporarily restrict a student’s participation in class or temporarily block access to the learning management system. Before allowing the student to return to class, the instructor and Dean will clarify with the student the behavioral standards that must be met to continue in the class. This clarification will occur as expeditiously as possible, preferably before the next class session or equivalent. During the period of restriction, the student must be provided the opportunity to maintain access to the educational or course content. Instructors must facilitate an alternate method for this to occur. A Student Conduct Officer can provide consultation and coordination throughout the classroom management process. If the disruptive behavior is not resolved through the clarification process, the situation must be referred to a Student Conduct Officer. Any permanent removal from class must be in accordance with the procedures of this policy.

B. Removal of Unauthorized Individuals. Instructors may restrict people who are not registered from attending class sessions. Exceptions based on disability must be approved by the College’s Disability Services Office. Other exceptions may be made by a College official.

C. Reporting an Alleged Violation. Any individual may submit a report to the VPASA and Student Affairs via the student complaint form.

A report should be made in a timely manner and contain:

Name and contact information of the person reporting the incident. You may ask that the VPASA or designee keep your report anonymous, but this will likely diminish the ability of an investigation to collect evidence.
Name of the person or group accused with all known details of event, names of witnesses and others impacted, if known. A report must be complete, or it may be dismissed as insufficient.

D. Initial Review and Assessment of Report. Upon receipt of a report, the VPASA or designee will review the report to determine if there is a reasonable basis to believe the Student Rights, Responsibilities, and Conduct Code may have been violated and further investigation is warranted. The following are some factors that are considered in deciding to initiate an investigation:

In any instance where the reported conduct, even if substantiated, would likely not violate the Code, it may be decided not to investigate, and to address the situation through other College processes as appropriate.
When the reported conduct, if substantiated, may constitute a violation of the Code, the VPASA or designee will evaluate the level of possible wrongdoing and determine what level of investigation and action are next appropriate:
1. Whether the behavior is minor and can be handled informally by alternative resolution options, including coaching, conversation, teaching or other informal learning methods. The College may use creative informal processes designed to teach, so long as no student right is violated; or
  1. whether the behavior warrants a formal charge or further investigation; and
  2. the VPASA or designee may consider prior reports to inform the decision whether and how to proceed.

Additionally, the VPASA or designee maintains the discretion to determine if the College will not act on alleged violations based on available resources, institutional needs, and priorities.

ADMINISTRATIVE HEARING PROCESS

Report. Anyone may submit information about a possible Code violation by submitting a compliant or report to the VPASA.
Preliminary Review. The Student Conduct Officer may gather further information to determine whether the reported conduct, if substantiated, may constitute a possible Code violation. If the Student Conduct Officer determines that the reported conduct, even if substantiated, would likely not amount to a Code violation, the Student Conduct Officer may choose to close the report or address the report through another College administrative process. The Student Conduct Officer may take an “Interim Action” to address immediate safety concerns.

Interim Action. A Student Conduct Officer may impose an appropriate sanction as reflected in the Code with the exception of Expulsion, including (a) immediate suspension; (b) restricting access to College premises, the virtual learning environment, and/or all other College activities or privileges; or (c) any other action approved by the VPASA deemed as reasonable to prevent the recurrence of the alleged Code violation or to protect the integrity of the investigation. The interim action(s) do not replace the Administrative Hearing process as outlined in this Code. The student will be notified in writing of any interim action and the rationale. As soon as practical following implementation of the interim action, in most cases within three business (3) days, the Student Conduct Officer shall provide the student with an opportunity to address the action and supporting information in person, by phone, or through written communication. Based on that information, the VPASA or designee may maintain, revoke, or modify the interim action.

Interim Actions:

In serious cases, such as when a student or student organization represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, or to preserve College property and/or to prevent disruption of, or interference with, the normal operations of the College, VPASA or designee may impose one or more interim actions.
1. Interim actions include, but are not limited to, (a) administrative suspension, (b) exclusion from campus properties and/or virtual environments (with or without an ability to participate via distance education methods in classes during exclusion), (c) restricted participation in a College-sponsored program or activity, (d) a No Contact Directive pending investigation for the timeframe necessary to complete a timely investigation, or (e) loss of network or technology system access, per this rule.
  1. In cases of immediate threat to health and safety or computing system security, the Director of Facilities and Public Safety, or Director of Information Technology, or designee may issue a temporary exclusion to secure the health and safety of campus and, if the excluded person is a student, refer the matter to the VPASA to initiate a Code of Conduct investigation. The Director of Facilities and Public Safety, and/or Director of Information Technology and the VPASA, or designee, will work cooperatively to determine risk and next steps to address concerns prior to and during the investigation.
  2. Where appropriate in serious cases, the VPASA and/or Director of Facilities and Public Safety will warn a student or students who may be in danger and/or will design supportive measures for mitigation to prevent further harm from occurring. The College will work with both parties to mitigate negative impacts.
  3. At the time interim action is taken, the student or student organization will be informed in writing about the action(s) being taken and the reasons for the action(s). As soon as is reasonable after an interim action is taken, in most cases within three (3) days, the Student Conduct Officer or designee will provide the student the opportunity to address the action(s) taken with appropriate College personnel, and any additional information via a preliminary meeting or through written communication. In instances where a Responding Party fails to attend a scheduled meeting, respond to a meeting request, or participate in the conduct process, the interim actions may remain in effect until a conduct conference is held and a final determination can be made.
  4. Based on the information received, the VPASA or designee will make a determination to maintain the action pending the outcome of a disciplinary process, modify the action, or revoke the action. This outcome will be communicated to the student or student organization within a reasonable timeframe, based on the complexity of the situation, after the preliminary meeting taking place.
Notice of Hearing

After the preliminary review by the Student Conduct Officer, a Hearing Notice may be sent to the Responding Party. The notice shall include:

(a) a brief description of the reported allegation(s),

(b) the section(s) of the Code the Responding Party is alleged to have violated,

(d) a specific date to respond to regarding a hearing date,

(e) information about having a Support Person attend,

(f) information on how to request accommodations for a disability, and

(g) information on the Administrative Hearing procedures.

The Administrative Hearing typically occurs within ten (10) days from the date on the Hearing Notice. Requests for extensions by the Responding Party may be granted at the discretion of the Student Conduct Officer. The Student Conduct Officer may set a date beyond ten (10) days based on the complexity of the investigation or based on College closures.

Administrative Hearing and Investigation

Advisors - The Responding Party may bring one Advisor, or support person, to the meeting, but that person may not speak on behalf of the student/student organization. The only person not permitted to serve in an Advisor role is someone who is a party to the case. Advisors who disrupt the meeting or otherwise impede the process will be dismissed. If the student brings an OCCC employee as the Support Person, that employee shall be under strict confidentiality restrictions and shall not discuss any information gained in the meeting with any person other than the accused student, barring compliance with federal and state laws (not even with the investigator outside of the meeting).

Accessibility - The College is committed to making the student conduct process accessible to all students. Students unable to participate in person may request arrangements to participate in other ways (including by providing written statements, through telephonic or online means, etc.). Students with disabilities have the right to reasonable accommodation and can request support through Student Accessibility Services. At the request of the respondent or complainant, Student Accessibility Services will send notice of eligible accommodation(s) to the Student Conduct Officer.

Standard of Proof - The Student Conduct Officer will review all information submitted and decide whether a violation occurred. The College will use a preponderance of evidencestandard when making determinations about whether a student/student organization is or is not responsible for violations of the Code. A preponderance standard of evidence means that a violation of this Code is based on a determination that the prohibited behavior was more likely than not to have occurred. The Student Conduct Officer will inform the student/student organization when to expect a decision.

Concurrent Proceedings - Nothing in this Code shall preclude or in any way restrict additional actions in any College department, educational program, or activity related to academic, professional, or similar standards specific to the department, program, or activity.

Hearing Process

Students/student organizations accused in a student conduct process may choose to prepare in advance for their conduct meeting. In addition to making any requests for reasonable accommodation necessary, a Responding Party is permitted to meet with a staff member to ask questions about the conduct process, and/or identify (in relevant cases) if they can bring or suggest witnesses and the process to do so.
A Responding Party is also permitted to review collected evidence during a mutually agreed-upon time before the hearing. This review period is provided at least 24 hours, but not more than 72 hours, before the hearing. The Responding Party is welcome to bring an Advisor with them at any step in the student conduct process, as long as they follow the expectations regarding the role of the advisor.
The Responding Party may elect to participate in the Administrative Hearing in person, by telephone, by videoconference, and/or by submitting a written statement.
1. The Responding Party may elect to not participate in this hearing. If the Responding Party elects not to participate in or fails to attend the hearing, the Student Conduct Officer may decide the matter in the party’s absence. Failure to cooperate or appear will not delay the outcome of the matter.
2. If the Responding Party elects to participate in the hearing, the Student Conduct Officer will review the alleged violation(s) with the Responding Party at the hearing. The Responding Party will be provided a reasonable opportunity to share the party’s perspective, provide information to the Student Conduct Officer, and respond to the information presented.
3. The College and/or the Responding Party may seek legal advice at the party’s own expense. The Responding Party may consult the party’s Support Person, including an attorney, during the Administrative Hearing, but the Support Person may not participate in the meeting in any other manner, including speaking on behalf of the student. The Responding Party must notify the College within forty-eight (48) hours prior to the Administrative Hearing if the Support Person will be an attorney.
4. The Student Conduct Officer may gather additional information after the meeting, such as by conducting interviews and reviewing documents. The Student Conduct Officer may need to meet with the Responding Party about information gathered after the initial Administrative Hearing. In general, this may take up to ten (10) days after the hearing, or longer as appropriate under the circumstances.
5. The Student Conduct Officer will make reasonable efforts to communicate to all relevant parties any anticipated delays of more than ten (10) days. Students who may have factors that could impact their ability to participate in any facet of the student conduct process should contact the VPASA at least 3 business days prior to a deadline or meeting to make a request for a delay, extension, or rescheduling, which will be reviewed by the Student Conduct Officer. The College’s ability to meet requests may be limited without enough advance notice.
The hearing is the respondent’s opportunity to explain their actions, take responsibility for their actions and discuss consequences, or contest the allegations by providing their own testimony, evidence, and/or witness information.
The hearing may conclude with the Student Conduct Officer needing to continue to pursue the investigation, or decide there is a preponderance of evidence to charge the respondent and hence, discuss sanctions.
DECISION OF RESPONSIBILITY
1. The Student Conduct Officer’s decision will be based on a preponderance of the evidence.
2. After the hearing and the conclusion of any investigation, a decision letter will be sent to the Responding Party’s College email explaining (i) the decision of the Student Conduct Officer, (ii) the sanction(s) imposed, if any, and (iii) information about the appeal process, if a Code violation is found.
3. In accordance with FERPA, the Reporting Party and individual responsible for implementing any sanctions may be notified of the decision and if an appeal is filed.
4. The decision of the Student Conduct Officer is final unless an appeal is filed in accordance with the appeal procedures set forth in this Code.
SANCTIONS

OCCC utilizes an educational and restorative sanctioning model. Sanctions, including, but not limited to, the following, are intended to be educational and developmental in nature. The sanctions applied will be proportionate with the violation committed and become progressively more severe if the student/student organization repeats violations, or otherwise demonstrates that learning has not taken place. Violations that negatively affect the health, safety, and wellbeing of the College community are deemed the most severe and may result in suspension, expulsion, or loss of recognition for a first offense.

The conduct officer may select from a wide range of consequences to promote learning by the respondent and establish a safe learning community. To this end, more than one sanction may be imposed for a single violation.

Warning (Verbal or Written). Written notice that the Responding Party has been found responsible for violating the Code. Additional Code violations may result in progressive disciplinary action. A warning does not affect the Responding Party’s disciplinary standing.
1. Community Service. The Responding Party must provide a designated number of hours of service to a designated entity or in a volunteer role at OCCC.
  1. Educational Sanctions. The Responding Party must complete tasks such as assignments, interviews, reflection papers, educational meetings, or other educational activities.
  2. Loss of Privileges. The Responding Party is denied specified privileges of being a student for a designated period.
  3. No Contact Directive. The Responding party is prohibited from contacting a specified person(s) related to the Code violation. This includes contact initiated through any means (including personal, electronic, and telephonic) as well as contact initiated by any third party on the Responding Party’s behalf or request. This restriction applies both on and off campus. Failure to abide by the terms of this sanction will result in further disciplinary action. The Reporting party may choose to attempt to obtain a restraining order if legal protection from contact is thought to be necessary.
  4. Registration Hold. Students who do not complete assigned sanctions within the time provided may be prevented from registering for classes until completion of those sanctions.
  5. Restitution. For violations involving damage to, destruction of, or theft of property, the Responding Party may be required to make monetary restitution and/or return any stolen or misappropriated property in an amount not to exceed the actual expenses, damages, or losses incurred.
  6. Administrative Removal from a Class. The Responding Party will be removed from a specific class but be allowed to continue in all other courses, unless otherwise restricted. The Responding Party is responsible for any tuition and fees associated with the administrative withdrawal process. Removal may require virtual attendance, if appropriate.
  7. Probation. During the period of probation, the Responding Party is not considered in good disciplinary standing. Upon expiration of the probation period and fulfillment of other sanctions imposed (if any), the disciplinary probation will be lifted.
  8. Suspension. The temporary separation of the Responding Party from the College for a specific period. During the suspension period, the Responding Party is not eligible for the privileges and services provided to enrolled students, including but not limited to registering, attending class, or accessing the virtual learning environment. The Responding Party is trespassed from the College, including all College owned or controlled property, services, and facilities. The Responding Party will be responsible for any tuition and fees associated with the administrative withdrawal process including any financial aid status implications. Upon expiration of the suspension period, the Responding Party must submit in writing a request for reinstatement to the VPASA. The Responding Party may be asked to provide a statement demonstrating readiness to return and successfully re-engage with the College community in a manner aligned with the Student Code of Conduct. If the VPASA confirms that all terms of the suspension have been met and the suspension is lifted, the Responding Party may be reinstated with or without additional conditions, at the discretion of the VPASA.
  9. No Trespass Order: A student who is temporarily or permanently separated from campus, through interim action, suspension, or expulsion, may be issued a no trespass order excluding them from all OCCC property.
  10. Conditions for Returning to Campus: When a student is temporarily excluded from a specific location and for a period of time, the College may establish specific conditions of return. Conditions of return are designed to require the student to engage in learning activities to prepare to effectively re-enter the learning community. The conditions will be set out in the notice of findings that relate to the student conduct violation(s). The student is responsible for proving that all the conditions for return are satisfied to the level necessary to persuade the VPASA that the student is ready to learn and able and willing to cooperate with community standards.
  11. Expulsion. The sanction of Expulsion is by recommendation of the VPASA to the President and will result in the permanent separation of the Responding Party from the College. This means that the Responding Party may not, at any time in the future: enroll in the College; be a member of any student club or organization; or register for, or participate in, any program, activity, or event sponsored or organized, in whole or in part, by the College, including running for a seat on the governing board. The Responding Party is trespassed from College premises, which means the party may never again be present on College owned or controlled property or access the virtual learning environment. The Responding Party’s rights and privileges as an enrolled student at the College are immediately revoked. The Responding Party will be responsible for any tuition and fees associated with the administrative withdrawal process, including any financial aid status implications. A notation will be placed on the Responding Party’s academic transcript related to the party’s disciplinary standing only if there is a sanction of Expulsion.
  12. Loss of Recognition (Student Organizations): Revocation of College recognition of a student organization may be made permanent or for a given period of time. The revocation takes effect immediately when the student organization is informed of the decision. The email sent to the club officer(s) and advisor(s) is considered notice. If an appeal is filed, the loss of recognition continues to be in effect pending the outcome of the appeal.

Failure to Comply with Sanctions or Outcomes. Students/student organizations who fail to complete sanctions are considered not in good disciplinary standing. Failure to satisfactorily complete sanctions will likely result in a registration hold that will prevent a student’s registration-related actions until conditions of sanctions are met. Further, if a student/student organization does not complete or comply with conduct sanctions or outcomes, the student/student organization may be held accountable for additional violations of this Code. Failure to comply with sanctions or outcomes is a failure to follow directions of the conduct officer. In cases of active obstruction of the College accountability process, the behavior may give rise to new allegations and the Student Conduct Officer may initiate an additional conduct process.

Appeals

1) Appeals must be submitted electronically via email to the VPASA through the link provided in the Responding Party’s decision letter and received within five (5) days of issuance of the decision letter.

2) The request for an appeal must state the specific grounds for the appeal. Dissatisfaction with a decision is not grounds for an appeal. Grounds for appeal are limited to:

i. Demonstrating that the Administrative Hearing deviated from the procedures outlined in the Code; however, deviation from these procedures shall not invalidate a decision or result in any other remedy unless it materially affected the Student Conduct Officer’s decision.

ii. Demonstrating that the imposed sanction(s) was inappropriate for the Code violation.

iii. Considering directly relevant information that was not known to the Student Conduct Officer and was not known, and that could not reasonably have been known, to the Responding Party at the time of the Administrative Hearing.

3) The VPASA will assign an Appellate Officer who will review the appeal request, together with any other information the Appellate Officer deems relevant, which may include reviewing the Administrative Hearing record and consulting with the Student Conduct Officer, to determine whether an appeal hearing would assist the Appellate Officer in deciding the appeal. The Appellate Officer, using best judgment, may grant an appeal hearing, or not.

4) If an appeal hearing is granted, the Appellate Officer may limit the subject of the hearing to matters that will assist the officer in deciding the appeal, which may include a request to the Responding Party for additional information. The Appellate Officer may ask questions of the Responding Party at the hearing. The Responding Party’s failure to cooperate or appear at the appeal hearing will not delay the outcome of the appeal. The Appellate Officer may dismiss the appeal if the Responding Party fails to appear at the hearing.

5) The College and/or the Responding Party may seek legal advice at the party’s own expense. The Responding Party may consult the party’s Support Person, including an attorney, during the appeal hearing, but the Support Person may not participate in the hearing in any other manner, including speaking on behalf of the student.

6) The Appellate Officer will make one of the following decisions on the appeal:

i. Refer the case back to the original Student Conduct Officer for reconsideration or additional proceeding if the Appellate Officer determines that new information provided by the Responding Party, as set forth above, is directly relevant and may alter the findings of the Student Conduct Officer.

ii. Deny the appeal. In this case, the decision of the Administrative Hearing, including any sanctions imposed, is affirmed.

iii. Grant the appeal. In this case, the Appellate Officer may make a new decision,

7) The decision to grant or deny the appeal will be based on the preponderance of the evidence.

8. The Appellate Officer’s decision will be issued in writing to the Responding Party and is final. The decision shall be issued within five (5) days after receipt of the appeal.

STUDENT CODE OF CONDUCT REVISION SCHEDULE

A. The Student Code of Conduct shall be reviewed at least every three (3) years or as determined by the VPASA.

B. In situations where a timely revision is necessary due to changes in federal or state laws, the VPASA will create an interim revision to a specific aspect within this code for the President’s Executive Team’s immediate approval. This temporary/ interim statement will be put into effect until a permanent revision is able to move through the formal approval process.

STUDENT CODE OF CONDUCT/DISCIPLINARY RECORD RETENTION

All files and records of General Misconduct and Academic Dishonesty procedures under this Code are maintained by the Office of the VPASA.

ADDITIONAL COMPLAINT OPTIONS

Students have the right to file complaints with the Higher Education Coordinating Commission (HECC: https://www.oregon.gov/highered/access/pages/student-complaints.aspx), or the college accreditor, Northwest Commission on Colleges and Universities (https://nwccu.org/complaints/), or the U.S. Department of Education, Office of Civil Rights (https://www.ed.gov/laws-and-policy/civil-rights-laws/file-complaint/how-file-discrimination-complaint-ocr).

Acknowledgement: OCCC appreciates permission from Blue Mountain Community College and Linn-Benton Community College to borrow existing language from their approved Student Rights and Code of Conduct documents.