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Student Conduct Code

For the purpose of this code, a student is defined as one who is currently enrolled as a registered credit student at the College.

Purpose and Scope
Student Rights & Responsibilities
Process & Disciplinary Procedures
Standards of Conduct
Violations
Sanctions
Enforcement
Appeals
Suspension
Expulsion
Presidential Power 

Purpose and Scope of the Student Conduct Code

1.  The following statements comprising the Student Conduct Code are adopted for the purpose of providing a precise set of expectations and at the same time offering the assurance that all students will be accorded fair and objective treatment when violations occur.

2.  These standards of conduct will apply to students engaging in activities on the campus, or at any of the Brookdale College off-campus centers, as well as to student organizations sponsoring approved off-campus functions.

3.  When a student is convicted of a violation of one or more of the laws in the community, state, or nation, the College will not request special consideration for that individual because of his/her status as a student. However, the College will cooperate fully, with law enforcement agencies and with other agencies in any appropriate program for the rehabilitation of the student. 

Student Rights and Responsibilities

Students and student organizations may examine and discuss questions of interest to them and may express opinions publicly and privately. They may support causes by orderly means which do not disrupt the regular and essential operations of the College. 

It is the responsibility of all students of the College to adhere to the letter and spirit of this statement and duly enacted College policies, rules and regulations. Students shall not violate or attempt to violate any duly promulgated and approved College policy, rule or regulation.                      

Process and Disciplinary Procedures

It has been recognized that due process in higher education disciplinary matters does not parallel the requirements of due process in a court of law. The College shall attempt to handle disciplinary matters privately, informally and expeditiously before resorting to formalized procedures or the use of outside agencies. However, the College ensures that the rudimentary requirements of due process in academic disciplinary matters will be implemented.

These requirements are:           

1. Written notification of charges and possible penalties within a reasonable time period.

2. The opportunity to have a hearing or to waive the right to a hearing and accepting the penalties imposed.

3. The opportunity to have a discussion to clarify evidence and/or view of an incident before an initial determination is made by a hearing officer.

4. Written notification of the time, place and date of the hearing at least three working days in advance.

5. The opportunity to present evidence and witnesses.

6. Written notification of findings and sanctions or penalties imposed based on a preponderance of evidence presented verbally or in writing.

7. Written notification of an appeal process.

Standards of Conduct

1.  Student conduct, which interferes with the philosophical platform of the College, is not acceptable.

2.  An individual who enrolls at the College can rightfully expect that the faculty and administration will exercise the authority of the College to regulate student conduct whenever the educational process, the health and welfare of the student body as a whole, and or the property of the College are judged to be jeopardized by the action of an individual student or group of students. 

Violations

The following offenses could be determined to be minor or major offenses at the discretion of the hearing officer.
 
1. Disregard for the property and rights of others including the right to be free from verbal abuse or harassment. Engagement in any abusive or demeaning conduct or obscene gestures directed toward another individual or group of individuals which has the effect of creating a hostile environment or impedes the right or privileges of other members of the College Community.

2.  Physical abuse or threats thereof against any person or persons, or other conduct which threatens or endangers the health or safety of any such person or persons.

3.  Theft, larceny, embezzlement, fraud, or the temporary taking of the property of another or possession of stolen goods without permission.

4.  Unauthorized occupation, unauthorized entry or unauthorized use of any College facility or College-related facilities or premises.

5.  Unauthorized use or possession on the campus of firearms, ammunition, explosives, fireworks, or other dangerous weapons, substances, or materials.

6.  Illegal manufacture, sale, possession or use of any scheduled drug, such as narcotics, barbiturates, central nervous systems stimulants, marijuana, sedatives, tranquilizers, hallucinogens, and/or similar drugs and/or chemicals.

7.  Vandalism, malicious destruction, damage, defacing, or misuse of College, public or private property, including library materials and all computers.

8.  Obstruction or disruption of teaching, learning, research, administration, discipline procedures or other College authorized event. Disruptions of teaching and learning include tardiness, offensive language or behavior, noise and improper use of personal communication devices (eg. cell phones, headphones, pagers, palm pilots, and laptops).

9.  Obstructing or restraining the passage of any person at an exit or entrance to the College campus or property, or preventing or attempting to prevent by force or violence or by threats thereof, the entrance or exit of any person to or from said property or campus without the authorization of the administration of the College.

10.  Setting a fire on the campus or campus-related premises without proper authority. Inappropriate use of any combustible or chemical or flammable substance which may present a fire hazard, annoyance, threat, or danger to property or person and/or persons on College premises.

11.  Falsification, alteration or withholding information related to academic records/documents.

12.  Furnishing false information to a College employee with intent to deceive.

13.  Failure to meet any college-related financial obligations.

14.  Unauthorized use, possession, or alteration of fire fighting equipment, safety devices, College Police property, or other emergency or safety equipment.

15.  The intentional making of a false report of a bomb, fire or other emergency in any building, structure, or facility on College premises or College-related premises by means of activating a fire alarm or in any other manner.

16.  Disorderly conduct, including rioting, inciting to riot or assembly to riot.

17.  Participating in hazing.

18.  Failure to present student identification to a College employee in response to a request.

19.  Possession or consumption of alcoholic beverages in any form on College premises or College-related premises, except in those areas of the College premises or College-related premises where the President or his/her designee has authorized the serving of legal beverages, subject to prescribed regulations.

20.  Violation of any published policies, rules and/or regulations promulgated by an official College office.

21.  Interference with performance of duties of any College employee.

22.  Theft, sale, and/or possession of stolen books.

23.  Failure of a student to respond to written communication in connection with an alleged violation of the Student Conduct Code.

24.  Malfeasance in or misuse of elective or appointive office in a student organization which is injurious to the welfare of the College.

25.  Failure to abide by, or violation of, any sanction imposed by the Dean of Enrollment Development and Student Affairs, Executive Vice President, Educational/Student and Outreach Services, the President and/or Board of Trustees.

26.  Engaging in any form of gambling while on College premises or at functions sponsored by the College.

27.  Misrepresentation of oneself or of an organization to be an agent of the College.

28.  Any other violation of existing local, state or federal law. 

Sanctions

The following sanctions may be applied either singularly or in any combination as appropriate to the circumstances of each case:

1.  Verbal Reprimand: Verbal admonition against further violations.

2.  Written Reprimand: Written warning placed in student's file for having engaged in misconduct.

3.  Restitution: The obligation to replace or pay for property damaged to compensate for losses incurred or to provide a campus service as a result of a violation.

4.  Conditional Probation: Temporary loss of College rights and privileges until specified conditions are met, such as letters of apology, and/or doctor's releases, etc.

5.  Disciplinary Probation: Loss of participation in College-related activities for a specified period of time. May also contain conditions to be met in order to be removed from probation.

6.  Fine: Monetary sum imposed as a penalty for an offense.

7.  Community Service: Assigned community service work to fit a particular violation.

8.  Suspension: Exclusion from all or specified classes and other College-related activities for a specified period of time. 

9.  Expulsion: Permanent dismissal from classes and college-related activities.

10.  Summary (Temporary) Suspension: Exclusion for all or specified classes and other College-related activities until due process can be completed. May be used by the Dean of Enrollment Development and Student Affairs in the event of a threat of safety to the student or College community or if a student refuses to respond to a summons to appear before the Director of Student Life and Activities or his/her designee. 

Enforcement

1.  Initial Action. Any student or group of students violating the Student Conduct Code by committing a prohibited act or acts as aforesaid will be referred to the Associate Director of Student Life and Activities for disciplinary measures in accordance with the provisions hereof. Any student, faculty or staff member may file a complaint.

2.  Minor offenses. In the case of all minor offenses, as deemed by the Associate Director of Student Life and Activities, not to constitute acts which would result in suspension or expulsion of the student(s) the Associate Director of Student Life and Activities may determine disciplinary actions as stated in Sanctions, numbers one (1) through seven (7) of this code. The Associate Director of Student Life and Activities will investigate the incident, notify the student of the incident and advise the student of the charges against him/her; hear the student's comments about the incident, when possible; make a determination about the case and notify the student in a reasonable amount of time of that determination; and notify the student of the appeal procedures when necessary. Any student may appeal a minor offense as stated in I of the. Appeals Section.

3.  Major Offenses. In any case in which the violation is of such a nature that in the opinion of the Associate Director of Student Life and Activities suspension or expulsion from the College could be imposed, the Associate Director of Student Life and Activities will not recommend disciplinary action except upon the following procedures: 

a. A Student Conduct Committee will be appointed to hear all cases, which could result in suspension or expulsion. This committee will be composed of three (3) students and two (2) representatives of the College staff from a designated group of faculty, staff and students. A training program for potential Student Conduct Committee members will be held in September each Fall Term.

b.  In such cases, the Associate Director of Student Life and Activities or his/her designee, acting as a non-voting member of the Student Conduct Committee will arrange with the student the time and place of a meeting of the Student Conduct Committee, which said notice will advise the student of the charges against him/her; the student's right to cross examine witnesses against him/her; the student's right to produce witnesses on his/her behalf; and to select the counsel of his/her own choosing. Counsel will be allowed to advise the student or students charged, but not to speak at the hearing. Other Brookdale students, faculty and staff are not invited to Student Conduct Committee hearings and may only attend through invitation by the Associate Director of Student Life and Activities. The Student Conduct Committee will be convened as soon as possible in proximity to time of incident.

c.  The Associate Director of Student Life and Activities at the meeting of said committee will present all charges against the student.

d.  The Student Conduct Committee will proceed at such meeting to hear the charges against said student, to hear witnesses against and for the student, and in general, will conduct a hearing consistent with the principles of due process. One Student Conduct Committee will hear offenses by more than one (1) student in the same case all at once.

e.  Upon the conclusion of such hearing and after deliberation, the Student Conduct
Committee will make recommendation to the Associate Director of Student Life and Activities based on the preponderance of evidence presented in the hearing verbally and/or in writing.

f.  The Associate Director of Student Life and Activities will notify the student within 24 hours of the determination made.

g.  The Director of Student Affairs and Support Services will assume the role of the Associate Director of Student Life and Activities as stated within this code if there exists a specific conflict of interest in any pending case.

h.  An audio recording will be made of Student Conduct Committee Hearings.

i.  Outcomes and offenses may be publicized in the campus newspaper without alluding to names of individuals involved.

Appeals

1.  Any student, faculty or staff member may appeal a decision of the Associate Director of Student Life and Activities or Student Conduct Committee by notice in writing filed with the Dean of Enrollment Planning and Student Affairs within five working days after notice of the Student Conduct Committee decision.

2.  The Dean of Enrollment Development and Student Affairs upon the filing of such appeal, will review the proceeding in the matter and either (a) affirm the decision of the Student Conduct Committee, or (b) make alterations to the decision of the Student Conduct Committee, or (c) convene an appeal committee.

3.  In the event the Dean of Enrollment Development and Student Affairs affirms the decision of the Student Conduct Committee, the Dean of Enrollment Development and Student Affairs will advise the student in writing within three working days of the decision.

4.  In the event the Dean of Enrollment Development and Student Affairs on any appeal filed with him/her will determine to convene an appeal committee, the following procedure will prevail: 

a.  The Dean of Enrollment Development and Student Affairs will appoint an appeal committee consisting of three students and two representatives of the College faculty/staff.

b.  The Dean of Enrollment Development and Student Affairs will convene such committee, give notice to the student appellant of the time and place of the meeting of said committee to hear the appeal, and will preside over the hearing.

c.  The appeal committee, after hearing the matter, may take action:

(1)  Affirming the decision of the Student Conduct Committee;
(2)  Altering decision of Student Conduct Committee; or
(3)  Rendering a new decision.

d.  The Dean of Enrollment Development and Student Affairs will advise the student in writing within one working day of the decision of the appeal committee.

Suspension

Suspension of a student will be invoked when more serious violations of the disciplinary code occur or when the conditions of disciplinary probation are disregarded.

Suspension is carried out only on the basis of the recommendation of the Student Conduct Committee and with the approval of the Dean of Enrollment Development and Student Affairs. Suspension is applied for a given period of time, and the term is specified to the student.

A student suspended from the College forfeits all rights and privileges of a student, including all college-related or college sponsored functions. All suspension actions will be noted in the student's record.

Any student may be summarily suspended by the Director of Student Life and Activities for a period not to exceed ten (10) College working days during which the Student Conduct Committee will convene.

In the event of any appeal of the Student Conduct Committee decision, the Director of Student Life and Activities may suspend a student or continue any previous suspension until the disposition of the appeal.

Expulsion

Expulsion will be invoked where extreme violations of the disciplinary code occur or when suspensions have been issued to a student and may result in the severance of a student from the College with the approval of the Dean of Enrollment Development and Student Affairs.

Presidential Power
Any suspension or any expulsion imposed will be at all times subject to the approval of the President of the College. Nothing in these regulations will be deemed to limit the final authority of the President of the College in all matters relating to violations of the Student Conduct Code and the imposition of discipline.