Student General Rules And Guidelines
Lansing Community College is an institution of educational excellence.
Members of the LCC community strive to create an environment that contributes to
academic success and personal growth. All members of LCC's community are
responsible for creating and respecting conditions both in the classroom and on
campus that encourages teaching and learning in a positive atmosphere.
A positive and successful learning environment provides opportunities for students to practice good citizenship in the larger society and to practice respectful dissent. These are the practices and qualities that the Student General Rules and Guidelines and the Student Code of Conduct encourages.
The Student General Rules and Guidelines and the Student Code of Conduct serves as a reference and working guide when attempting to resolve student disciplinary issues. Nothing in these documents should be construed as a contract, entitlement or promise. These documents are intended to represent minimum guidelines only; students should be aware of the fact that the absence of a specific policy, statement, procedure or provision should not be construed to be a waiver of such item by LCC.
If students have questions regarding the Student General Rules and Guidelines or the Student Code of Conduct, they should direct all inquiries to the Dean of Student Affairs (or his or her designee). When an interpretation issue regarding a provision of the Student General Rules and Guidelines occurs, the Dean of Student Affairs shall make the final determination as to its meaning. Furthermore, LCC reserves the right to make changes to its policies, rules and guidelines at any time without notice.
Access to College Buildings
Access to College buildings after normal hours of operation is restricted
except when the Student has a legitimate purpose and written authorization by a
College faculty, staff or administrator. All written authorizations must include
information on the specific room or lab that the student is allowed to be in,
the date, and the approximate times the student will continue to be on campus.
Students found in buildings after hours without proper authorization may be
subject to the Student Code of Conduct, as well as prosecuted for criminal
Access to some areas of College buildings are restricted even when a building is open for normal operation. These areas may include, but are not limited to mechanical rooms, communication closets, storage areas, construction areas, or classrooms or labs that are closed. Any student found in a restricted area without authorization may be subject to the Student Code of Conduct, as well as prosecuted for criminal trespass.
Students are expected to attend all sessions of each course in which they are enrolled. Failure to do so may result in academic penalty or administrative withdrawal from the class. (See Student Appeals and Complaints section #2 below). Absence for any reason, including illness or late registration, in no way relieves the student of the responsibility for completing all work in the course to the satisfaction of the instructor in charge. When a student receives a faculty-initiated notice of nonattendance, it is the student's responsibility to contact the instructor.
When a student cannot attend class due to illness or other extenuating reasons, it is the responsibility of the student to contact the class instructor immediately regarding the absence and discuss any required assignments.
The use of cell phones during class interferes with the instructional process and is therefore prohibited. Camera cell phones and video cell phones are prohibited in locker rooms and restrooms. (See Student Code, Article III(B)(13).)
Children on Campus
Children under the age of 16 must be accompanied by a parent or guardian at
all times while on campus. Exceptions are made only for enrolled students whose
parent or guardian has signed a written release of responsibility. The learning
environment of classrooms and labs must remain free of distractions for
students. Children must remain out of these areas. Children enrolled in LCC
classes requiring access to labs and classrooms where there is equipment and/or
supplies that might prove dangerous will need to provide a signed release form
from their parent or guardian.
Classroom Visitation Policy
Please see the Classroom and Laboratory Visitor Policy at http://www.lcc.edu/policy/policies_3.aspx#CLASSROOM_VISITOR.
Computer Resources - Acceptable Use
The LCC Acceptable Use Policy describes the general guidelines for the use of the College's computer resources. Use of College-owned computer resources is a privilege extended by the College to students as a tool to promote the mission of the College. All students must agree to be bound by the terms and conditions of the LCC Acceptable Use Policy at the time they are assigned a Username. Copies of the LCC Acceptable Use Policy are available at the Library Circulation Desk and may also be accessed on the World Wide Web. The URL is: www.lcc.edu/policies/policies_1.aspx#ACCEPTABLE_USE_POLICY
Students who are using the computers in the library or the computer lab, or any other computer located at any campus, must abide by the rules set forth in each area. Failure to observe the rules may result in loss of privileges and/or a Student Code of Conduct violation.
Students shall not enter into any contract in the name of the College except with prior written authorization from College officials vested with the authority to sign a contract on behalf of the College.
Disclosure of Health Concerns
Lansing Community College takes appropriate and reasonable precautions to protect the health and safety of students in the classroom. Some courses may require students to complete federal, state and college regulatory training and testing as mandated by law. Students must be in compliance with regulations and laws at both LCC and any off-campus site(s) where they are assigned.
Additionally, some courses may require students to work with chemicals and/or equipment which may be hazardous to some students, such as those with certain medical conditions. Students must inform instructors of any special health-related conditions which may be negatively affected by instructional materials or equipment used in the classroom. Students with special health concerns are strongly encouraged to raise any questions about such matters prior to their enrolling in a class. If a student has any questions regarding disclosing health concerns, they should direct all questions to their instructor.
Discrimination and Harassment
Discrimination, harassment and offensive conduct against any person, student, or staff member on the basis of race, color, religion, sex, national origin, creed, ancestry, familial status, age or disability, marital status, height, weight, sexual orientation, disability or veteran's status or other protected status (See the College's Discrimination and Harassment Complaint Process available at: www.lcc.edu/catalog/policies_procedures/equalopp.aspx) through any mode of communication including, but not limited to, in person, in writing, through telephone, electronic mail or instant messaging is prohibited.
Students are expected to dress in an appropriate manner. Students should dress keeping in mind the activity in which they are engaged in while on College property and when attending College-sponsored events. Some examples of appropriate dress may include, but are not limited to: footwear, safety glasses, safety hats, shields and aprons (when required for the health and safety of the individual student or other members of the College community).
Drugs and Alcohol
In the spirit of providing a safe, healthy and drug-free environment, the College will:
- Continue to offer educational programs that support a drug-free campus and workplace as a normative social value;
- Continue to offer opportunities for substance abuse counseling accessible by students (and College employees);
- Continue to make referrals to appropriate counseling professionals and/or agencies within the community to help students (and employees) who may benefit from such counseling;
- Incorporate in classes throughout the curriculum, where appropriate, references and class-related assignments related to the medical, legal, social, and wellness issues inherent in a drug-free campus (and workplace);
- Distribute copies of this regulation to all new students (and employees).
Students are required to take examinations at the appointed time and place in order to receive credit for a course. Generally, examinations are given during the regularly scheduled class period during the last week of the semester. Students should direct questions regarding the date and time of their final examinations to their individual instructors.
Examinations taken in the Assessment Center will be subject to the center's rules as well as the Student Code and General Rules.
Field Trips and College Sponsored Events/Activities
Organizations and individual students participating in College-sponsored activities, including field trips and athletic events, must abide by all College rules. Student organization field trips must be planned, organized, and approved according to the Student Life Policies and Procedures for Student Organizations, and, where applicable, the transportation services unit of the Police and Public Safety Department. Organizations and students who violate these policies may be subject to sanctions listed under the Student Code of Conduct. (See Student Code of Conduct, Article IV(B)(5)(a-c).)
Students shall remain current on their financial obligations to the College. Students owing money to the College in respect to such matters as fees, loans, library fines, driving or parking penalties, etc., at the end of an academic semester, will have the publication of their grade report and/or official transcripts delayed, and the student will not be permitted to register for a succeeding semester until such accounts are paid in full or addressed through a payment plan agreed upon by the college.
Games and Recreational Activities
Outdoor Games and other physical recreational activities may only be played in the recreational or athletic facilities which have been designated for such games. Applications for permission to play such games other than in an area designated for that purpose must be obtained from the Director of Student Life and Leadership when the activity is not connected to a class or as part of a College sponsored activity.
In situations involving guest speakers, the College requires orderly conduct, noninterference with College functions or activities, and identification of the sponsoring groups or individuals. Under no circumstances are members of the College community to be forced to be involuntary audiences.
All Lansing Community College students are eligible for a college identification card, the "StarCard", provided they meet the requirements for issuance. Failure to provide proper information or identification as required may result in the student not being able to receive an LCC StarCard.
Identification cards remain the exclusive property of LCC and must be presented when requested by a College official. Failure to do so may result in a possible Student Code of Conduct violation. Students are required to show their identification card whenever they check out books at the College Library, use the Abel B. Sykes TLC Computer Lab, or when using any other College service or facility. Being issued a StarCard is a privilege and not a right. Misuse of the StarCard to obtain privileges to which the student or to which others are not entitled under existing regulations is a College offense that may also result in a possible Student Code violation.
Students must remember that LCC is an institution of higher education. Respect for the classroom environment as well as for other students in general is an essential part of the learning experience. Profanity and racial slurs in the classroom will not be tolerated. Any violation of this provision may result in a possible Student Code of Conduct violation.
LCC Email Account
Students are responsible for checking their LCC assigned email accounts on a regular basis. Official notifications and information may be sent to a student's email account. Students who use other email accounts should make sure they are monitoring their LCC email accounts as well.
No student or student organization may use campus facilities; solicit funds, business, or support on the College campus unless such a student or student organization has been authorized by the Director of Student Life and Leadership. Approval of College clubs and organizations must be in accordance with guidelines documented in the Student Life and Leadership Office.
For the protection, health and safety of the members of the College community and to preserve order on the campus, students are not permitted to bring pets on to campus or into the buildings of Lansing Community College. This provision excludes properly documented service animals or animals designated for laboratory experimentation purposes.
It is the responsibility of the student to give honest and complete replies to all questions included in application forms and other documents required by the College. Alteration, duplication, or falsification of a College document, form, or authorized signature is considered by the College to be an extremely serious offense and is subject to disciplinary action. (See Student Code, Article III(B)(1)(a-c).)
Lansing Community College is a "Smoke-Free and Tobacco Free Zone". Except in designated areas, smoking or the use of tobacco products are prohibited on Lansing Community College property, including in any building, facility, or structure and on real estate that is owned or leased. Students who violate this provision may be subject to the sanctions listed in the Student Code of Conduct.
Student Code of Conduct
In addition to being familiar with the Student General Rules and Guidelines, all students are responsible for knowledge of and adherence to, the Student Code of Conduct.
Student Due Process
Lansing Community College holds firm to the philosophy that matriculation in college does not deny any rights of citizenship to a student. At the same time, matriculation in college does not relieve a student of the essential responsibilities of citizenship. Thus, the College is constantly aware of the joint responsibilities, shared by the student body and the College, to uphold the principles of "due process" in all disciplinary action.
It is the College's intention to foster and promote an environment of cooperation among faculty, staff, and students. However, conflicts that require third-party intervention sometimes exist. While there are formal processes for resolving conflicts, it is the goal of the College to achieve resolution as rapidly and as close to the origin of conflict as possible through mediation. To this end, the Dean of Student Affairs (or his/her designee) and/or the Director of Equal Opportunity are available to assist with mediating situations at their lowest level or to direct the parties involved to the person(s) or department(s) that can best mediate the occurrence. This mediation is predicated on the voluntary agreement of both parties. Matters that are considered too extreme may require immediate referral to the formal process.
Due Process is the guarantee of student civil rights under the Constitution of the United States and the laws and regulations of Michigan and Lansing Community College. Due Process is that process which prevents rights from being taken away from an individual without "notice" and an "opportunity to respond" to the allegations. Any questions regarding Due Process should be directed to the Dean of Student Affairs (or his or her designee).
Student Appeals Processes
An "appeal" is defined as a request to review a previous decision and/or the process used in reaching the decision. The line of appeal to be followed will depend upon the type of case involved. In all cases, students are required to state their appeal in writing at the time they begin the appeal process. The following describes the different types of cases and the appropriate lines of appeal to be used in each case. For disciplinary issues, or issues dealing with misconduct, the process described in the Student Code of Conduct, Article IV(D) will be used. Appeals that have gone through the entire line of appeal are considered final and binding on all parties involved.
1. Final Grade Appeals
A student may appeal the final grade that she or he received in a course if she/he feels that the final grade was awarded incorrectly or unfairly.
A grade appeal must be based on one or both of the following criteria: mistake (for example, the instructor miscalculated the student's total points for the course) or bad faith (for example, the syllabus notes that a lack of class participation will not affect final grade calculations, but the instructor lowers the student's final grade expressly because the student had failed to participate in class).
The student is responsible for demonstrating an instructor's alleged mistake or bad faith.
Students will have until the end of the 6th week following the end of the course to appeal a grade. At each level of appeal, the student will have up to ten (10) calendar days (excepting campus closures) to appeal a decision after notification of that decision at a prior level. Appeals received after the tenth calendar day may be dismissed for "failure to submit an appeal on a timely basis." The student must use the following line of appeal:
- The instructor who awarded the grade
- The head of the department or program involved (or designee)
- The Dean of the division involved (or designee)
- The Provost (or designee)
After review of the appeal, if the Provost (or designee) determines that there is insufficient justification to warrant further review, the appeal will be rejected. The Provost's (or designee's) decision is considered final and will be communicated in writing to the instructor, the department/program, the Dean, and the student within 30 days of the date on which the appeal was submitted. If a student appeals beyond the instructor who awarded the grade, the student must submit the appeal in writing by completing the form found by clicking this button.
2. Student Appeal of Administrative Withdrawal from Classes (may include, but is not limited to: nonattendance, lack of course prerequisites, student behavior that interferes with the instructional process, etc.)
Whenever the Registrar's Office receives a recommendation for an administrative withdrawal, the Registrar's Office will notify the student that he or she is being administratively withdrawn in writing through LCC provided email.
When a student has been withdrawn from a class based on the Administrative Withdrawal Policy, students will have five (5) working days, excluding Saturday and Sunday, to submit an appeal in writing. At each level of appeal, the student will have up to five (5) working days to appeal a decision after notification of that decision at a prior level. Any appeals received after the fifth working day may be dismissed for "failure to submit appeal for administrative withdrawal on a timely basis".
Students must use the following lines of appeal for administrative withdrawal
a. The head of the department involved (or his or her designee)
b. The Dean of the division involved (or his or her designee)
c. The Judicial Board
The standard of review for an administrative withdrawal appeal is "whether more likely than not, given all of the facts presented, the administrative withdrawal was proper." The decision of the Judicial Board is final and binding on all parties involved.
The appeal must be submit in writing and include:
a. Student's full name
b. Student number
c. Student's complete current address
d. Student's current phone number
e. Semester and year enrolled
f. Course number and name
g. Name of instructor
h. Reason for appeal
i. Supporting documents
3. Student Appeal of Educational Records
Students have the right to request correction or amendment of information on educational records that are inaccurate, misleading, or which violate privacy rights or other rights as stated in the Family Education Rights and Privacy Act of 1974, as amended.
Students will have five (5) working days to submit their appeal in writing. At each level of appeal, the student will have up to five (5) working days to appeal a decision after notification of that decision at a prior level. Any appeals received after the fifth working day will be dismissed for "failure to submit appeal of educational records on a timely basis."
The student must use the following line of appeal for educational records
The head of the department responsible for the record (or his or her designee)
The Dean of the division involved (or his or her designee)
The Judicial Board of the College
Dean of Student Affairs (or his or her designee)
If the request for correction or amendment of information is dismissed or denied after the appeal process has been completed, the student may place a brief statement in the record commenting on the decision of the College.
Before initiating the formal appeal process at the divisional level, students are encouraged to first meet with the initial decision-maker involved (the instructor, for example) to attempt to resolve issues in an informal manner.
Students will have up to ten (10) calendar days to file a complaint in writing to the department office from the date of the alleged incident. At each level of appeal, a student will have up to ten (10) calendar days to appeal a decision after notification of that decision at a prior level.
When a student wishes to lodge a formal complaint regarding a person except in cases of sexual harassment/discrimination (which is found in the College's Discrimination and Harassment Complaint Process at: www.lcc.edu/catalog/policies_procedures/equalopp.aspx) the student must use the following line of appeal:
Head of the department involved (or his or her designee)
The Dean of the division involved (or his or her designee)
The Judicial Board of the College
The Provost (or his or her designee)
Lansing Community College exists so that the people it serves have learning and enrichment opportunities to improve their quality of life and their standard of living. LCC supports a positive educational environment that will benefit student success. In order to ensure this vision, the College has established guidelines for the redress of grievances by individuals accused in such proceedings. In addition, the College has established this Student Code of Conduct and the Student General Rules and Guidelines to ensure the protection of student rights and the health and safety of the College community, as well as to support the efficient operation of College programs.
In cases of noncompliance with the Student Code of Conduct or the Student General Rules and Guidelines, the College will impose discipline that is consistent with the impact of the offense on the College community (See Article IV (B) below). The College reserves the right to pursue criminal and/or civil action where warranted. The Student General Rules and Guidelines and Student Code of Conduct shall apply from the time of admission to the college and continue as long as the student remains enrolled at the college. They shall also be applicable to a student's conduct even if the student withdraws from school while a disciplinary matter is pending.
If an individual has violated the Student Code of Conduct or the Student General Rules and Guidelines on college property while not enrolled as a student at the college, but then later seeks to enroll, he or she must first contact the Dean of Student Affairs (or his or her designee). The same Due Process procedures listed in Article IV below will be followed to determine an admission decision.
ARTICLE I: DEFINITIONS
A. The term "College" means Lansing Community College.
B. The term "Student Code" refers to the College's Student Code of Conduct.
C. The term "General Rules" refers to the Student General Rules and Guidelines.
D. The term "student" includes all persons currently admitted or enrolled (or upon the issuance of a student number) at the College, full-time or part-time. This code applies to all current students of LCC regardless of their geographical location.
E. The term "faculty member" means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty union.
F. The term "College official" includes any person employed by the College, performing assigned administrative or professional responsibilities.
G. The term "member of the College community" includes any person who is a student, faculty member, College official or staff member employed by the College, or any authorized non-employed personnel (such as externs). A person's status in a particular situation shall be determined by the Dean of Student Affairs (or his or her designee).
H. The term "College premises" includes all land, buildings, facilities, and other property in the possession of, owned, used, or controlled by the College (including adjacent streets and sidewalks).
I. The term "harassment" means conduct that is so severe, pervasive, and objectively offensive that it unreasonably interferes with a person's College employment, academic performance or participation in College programs or activities and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive. The conduct does not have to be threatening and may include deliberate and persistent communication that disturbs the recipient.
J. The term "Judicial Board" means a group of persons authorized by the Dean of Student Affairs (or his or her designee) to consider whether a student has violated the Student Code or to review the sanction(s) imposed by the Dean of Student Affairs (or his or her designee) if requested by the accused.
K. The term "policy" means the written regulations of the College as found in, but not limited to, the Course Schedule, the College web site and/or other written regulations and procedures available within a department or division.
L. The term "cheating" includes, but is not limited to attempted or actual: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion for the purposes of academic credit; (5) allowing or participating in cheating by other students; or (6) other acts of dishonesty within the College but outside of the classroom.
M. The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
N. The term "academic negligence" means unknowingly or unintentionally claiming credit for the work or effort of another person, or unknowingly or unintentionally gaining (or causing another to gain) an unfair academic advantage.
O. The term "complainant" means any person who submits a report alleging that a student violated this Student Code or the General Rules. When a student believes that s/he has been a victim of another student's misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code as are provided to the complainant, even if another member of the College community submitted the charge itself. Complainants will receive updates regarding the status of the complaint.
P. The term "accused student" means any student accused of violating this Student Code or General Rules, or any other rule or policy of the College.
Q. "Incapacitation" means the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, without limitation, sleep, blackouts, and flashbacks. Where alcohol (or other drug) is involved, one does not have to be intoxicated or drunk to be considered incapacitated. Rather, incapacitation is determined by how the drug or alcohol consumed impacts a person's decision-making capacity, awareness of consequences, and ability to make informed judgments.
R. "Effective Consent" means words or actions that show a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Effective consent cannot be gained by force, by ignoring or acting in spite of the objectives of another, or by taking advantage of the incapacitation of another, where the accused student knows or reasonably should have known of such incapacitation. Effective consent is also absent when the activity in question exceeds the scope of effective consent previously given.
S. "Force" means physical force, violence, threat, intimidation or coercion.
T. "Non-Consensual Sexual Contact" means sexual contact that occurs without effective consent.
U. "Non-Consensual Sexual Intercourse" means sexual intercourse that occurs without effective consent.
V. "Sexual Contact" means the deliberate touching of a person's intimate parts (including genitalia, groin, breasts or buttocks, or clothing covering any of those areas), or using force to cause a person to touch his or her own or another person's intimate parts.
W. "Sexual Exploitation" means taking sexual advantage of another person without effective consent, and includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over such other person; causing the prostitution of another person; recording, photographing - or transmitting identifiable images of private sexual activity and/or the intimate parts (including genitalia, groin, breasts or buttocks) of another person; allowing third parties to observe private sexual acts; engaging in voyeurism; and/or knowingly or recklessly exposing another person to a significant risk of sexually transmitted infection, including, but not limited to, HIV.
X. "Sexual Harassment" means unwelcome conduct, based on sex or on gender stereotypes, which is so severe or pervasive that it unreasonably interferes with a person's College employment, academic performance or participation in College programs or activities and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive. Sexual harassment may include, for example, unwelcome sexual advances, requests for sexual favors, and acts of sexual violence.
Y. "Sexual Intercourse" means penetration (anal, oral or vaginal) by a penis, tongue, finger, or an inanimate object.
ARTICLE II: STUDENT CODE AUTHORITY
A. The Dean of Student Affairs (or his or her designee) shall determine whether or not the Judicial Board shall be authorized to hear each matter.
B. The Dean of Student Affairs (or his or her designee) shall develop policies for the administration of the Code of Conduct process and procedural rules for the conduct of Judicial Board hearings that are not inconsistent with provisions of the Student Code and the General Rules.
C. Decisions made by the Judicial Board and/or the Dean of Student Affairs (or his or her designee) shall be final, pending the normal appeal process.
ARTICLE III: PROSCRIBED CONDUCT
A. Jurisdiction of the College Student Code of Conduct
The College Student Code shall apply to conduct that occurs on College premises, at College sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. The Dean of Student Affairs (or his or her designee) shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion.
The Student Code applies at all locations of the College, including, but not limited to, the East, West, Livingston and St. John's Learning Centers. This code also applies to all current students of LCC regardless of their geographical location.
B. Conduct - Rules and Regulations
Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV:
1. Acts of dishonesty, including but not limited to the following:
- Cheating (as defined in Article I (L)), plagiarism (as defined in Article I(M)), academic negligence (as defined in Article I (N)) and any other forms of academic dishonesty.
- Misrepresentation of facts or furnishing false information to any College official, faculty member, staff or office.
- Forgery, alteration, or misuse of any College document, record, or instrument of identification.
- Perceived, attempted or actual Financial Aid fraud or corresponding behaviors that would allow a student to receive a monetary benefit for which they are not eligible.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.
3. Physical abuse or assaults, threats of physical harm or threatening behavior that would cause fear in a reasonable person, intimidation, harassment, coercion, bullying, and/or other conduct which threatens or endangers the health or safety of any person (including, but not limited to, messages sent via text messages, emails, on social media networks, or any electronic format including phone, etc).
This provision also includes, but is not limited to: unlawful discrimination or related harassment on the basis of race, color, age, religion, national origin, creed, ancestry, familial status, disability, marital status, height, weight, or veteran's status.
Retaliation against any person making a complaint of discrimination or related harassment or against any person cooperating in the investigation of (including testifying as a witness) any allegation of discrimination or related harassment. For these purposes, "retaliation" includes, but is not limited to, intimidation, threats, harassment, and other adverse action threatened or taken against any such complainant or third party.
4. Sexual misconduct, which includes the following:
- Sexual Exploitation (as defined in Article I(W))
- Sexual Harassment (as defined in Article I(X))
- Non-Consensual Sexual Contact (as defined in Article I(V))
- Non-Consensual Sexual Intercourse (as defined in Article I(U))
- Retaliation against any person making a complaint of sexual misconduct or against any person cooperating in the investigation of (including testifying as a witness) of any allegation of Sexual Misconduct. For these purposes, "retaliation" includes, but is not limited to, intimidation, threats, harassment, and other adverse action threatened or taken against any such complainant or third party.
- For charges based on Article III(B)(4)(a-e), the College will follow the current Student Sexual Misconduct "Complaint Process", which can be found at: www.lcc.edu/discrimination/sexual_misconduct/student.aspx
5. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus.
6. Hazing which is defined as an act which endangers the mental or physical health or safety of a student, 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. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are still violations of this rule.
7. Failure to comply with the directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
8. Unauthorized possession, duplication or the use of keys to any College premises or unauthorized entry to or use of College premises.
9. Violation of any College policy, rule, or regulation published in hard copy, included in a course syllabus or available electronically on the College website.
10. Accusation of any commission of any federal, state or local law.
11. Use, possession, manufacturing, distribution, or being under the influence of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by federal law. Possession of drug paraphernalia is also prohibited on campus.
12. Use, possession, manufacturing, distribution, or being under the influence of alcoholic beverages (except as expressly permitted by College regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
13. Possession of firearms (even as permitted by law), tasers, stun guns, explosives, weapons, or dangerous chemicals on College premises, and/or use of any such item in a manner that harms, threatens or causes fear to others. The definition of a weapon includes but is not limited to a pistol or other firearm or dagger, dirk, razor, stiletto, or knife (regardless of length or size), or any other dangerous or deadly weapon or instrument.
College premises covered by this policy includes, without limitation, all College owned or leased buildings and surrounding areas such as sidewalks, driveways and parking lots under the College's ownership or control. College vehicles are covered by this policy at all times regardless of whether they are on College premises. (See Article I(H))
14. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
15. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.
16. Conduct that is disorderly; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly Conduct includes but is not limited to: the use of any device to capture audio, video or digital record or photograph of any person while on College premises or College events where there is a reasonable expectation of privacy (i.e. restrooms, locker rooms, etc.).
17. Theft or other abuse of computer facilities and resources, including but not limited to:
- Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
- Unauthorized transfer of a file.
- Use of another individual's identification and/or password.
- Use of computing facilities and resources to interfere with the work of another student, faculty member or College Official.
- Use of computing facilities and resources to send obscene or abusive messages.
- Use of computing facilities and resources to interfere with normal operation of the College computing system.
- Use of computing facilities and resources in violation of copyright laws.
- Any violation of the LCC Acceptable Use Policy.
18. Abuse of the Student Code process, including but not limited to:
- Falsification, distortion, or misrepresentation of information before the Judicial Board.
- Disruption or interference with the orderly conduct of a Judicial Board proceeding.
- Attempting to discourage an individual's proper participation in, or use of, the Student Code process.
- Attempting to influence the impartiality of a member of a Judicial Board member prior to, and/or during the course of, the Judicial Board hearing.
- Harassment (verbal or physical) and/or intimidation of a member of a Judicial Board prior to, during, and/or after a Judicial Board hearing.
- Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
- Influencing or attempting to influence another person to commit an abuse of the Student Code process.
19. Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community.
C. Violation of Law and College Discipline
1. College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Dean of Student Affairs (or his or her designee). Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of the College's Code were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
2. When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code, the College may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.Top
ARTICLE IV: STUDENT CONDUCT PROCESS (DUE PROCESS)
A. Charges and Judicial Board Hearings
1. Any member of the College community may file a report against a student for alleged violations of the Student Code or General Rules. An allegation of a Student Code or General Rules violation must be directed to the Dean of Student Affairs (or his or her designee). Any report of a violation of the Student Code or General Rules should be submitted as soon as possible after the event takes place, preferably within a week.
2. The Dean of Student Affairs (or his or her designee) will conduct an impartial and reliable preliminary investigation of all allegations to determine if the allegations have merit and/or if they can be disposed of administratively. Such disposition shall be final and there shall be no subsequent proceedings.
3. If it is determined that the allegation has merit, the accused student will receive written notification that an alleged violation has occurred. In the notification, the student will be directed to make an appointment with the Dean of Student Affairs (or his/her designee) to review the facts concerning the alleged violation in order to determine if formal charges should be prepared.
4. During this meeting, the accused student meets one on one with the Dean of Student Affairs (or his or her designee). Representatives or parents will only be allowed in this meeting at the discretion of the Dean of Student Affairs (or his or her designee) when appropriate. In addition, a FERPA release must be signed.
5. If the accused student is unable to, or does not wish to meet with the Dean of Student Affairs (or his or her designee) in person, the student may submit a statement in writing (via their LCC email account or in person) responding to the allegations, within the notification period.
Other arrangements may be made to facilitate the meeting such as video or teleconference when a face to face meeting may be difficult for the student and at the sole discretion of the Dean of Student Affairs (or his or her designee). In situations where a meeting other than a face to face meeting will be held, the student must provide a copy of their identification to the divisional office before the meeting occurs. However, a face to face meeting is the preferred option.
6. After reviewing the facts with the accused student, or after reviewing the accused student's statement, a decision will be made whether to formally charge the accused student with a violation of the Student Code of Conduct. Based on the facts and circumstances presented, the charges may be amended or changed, and the student will be made aware of those changes immediately.
7. In the event that the student fails to contact the Dean of Student Affairs (or his/her designee) within five (5) working days of the date listed on the written notification (excluding Saturday and Sunday), a hold may be placed on the student's record which may result in the student's enrollment being delayed. The Dean of Student Affairs (or his/her designee) will then review the facts available without the student and make a decision whether to prepare formal charges.
8. If a decision is made to prepare formal charges, the accused student shall be notified by the Dean of Student Affairs (or his/her designee) that he or she is being accused of violating the Code and that he or she may elect to do one of the following:
- The accused student may admit the alleged violation and request, in writing, that the Dean of Student Affairs (or his or her designee) take whatever action seems necessary; or
- The accused student may admit the alleged violation and request a hearing before the Judicial Board regarding the sanction; or
- The accused student may deny the alleged violation, in which case the Dean of Student Affairs (or his or her designee) shall refer him or her to the Judicial Board.
9. In the event that the accused student does not make an election of one of the three options available within ten (10) working days from the date of the letter, the Dean of Student Affairs (or his or her designee) will take whatever actions seem necessary, including the imposition of appropriate sanctions.
10. If the accused student elects to admit the alleged violation and request a hearing before the Judicial Board to determine the sanction or if the student denies the allegation, a Judicial Board hearing will be scheduled as soon as practicable.
11. If the complainant requests an alternate form of resolution, and the accused student agrees, then the parties will engage in informal mediation. If the informal resolution results in mutual satisfaction of both parties, then the case will be considered adjudicated. If the case is not adjudicated, then it may be forwarded to the Judicial Board for a hearing.
Alternate resolution is not available for cases involving discrimination and/or sexual misconduct/sexual harassment [Article III(B)(3) and III(B)(4)(a-e)] unless the complainant or victim requests it.
12. Prior to a Judicial Board hearing, the accused student shall be entitled to the following:
- A written statement of a decision rendered and/or charges so that the accused student may prepare his or her defense;
- Written notification of how the alleged violation came to the College's attention.
- The student shall be entitled to an expeditious hearing of his or her case.
13. Members of the Judicial Board shall be appointed by the Dean of Student Affairs (or his or her designee) and shall be comprised of the following:
- The Dean of Student Affairs (or his or her designee) will serve as the Chairperson or will appoint a Chairperson to preside over Judicial Board Hearings. However, when the Judicial Board is hearing an appeal based on a disciplinary decision of the Dean of Student Affairs (or his or her designee), the Dean of Student Affairs (or his or her designee) will relinquish the Chair and another Chairperson will be appointed. The Chair conducts the hearing but does not participate in the deliberation.
- One College administrator; and
- Two current students from the student body; and
- Two faculty members
14. Judicial Board hearings shall be conducted by the Judicial Board according to the following guidelines except as provided by article IV(A)(7) below:
- The Judicial Board hearing will be scheduled at the convenience of the sitting Board members, however, all efforts will be made to schedule the hearing within 3 weeks.
The parties will provide the Board Chair with a list of witnesses they propose to call, and copies of documents and a description of any other information they propose to present at the hearing, on or before a date set by the Chair. The Chair will then provide each party with a copy of the list of Board members, witnesses, and identification of copies of documents or other information submitted by each party not later than 3 days before the schedule hearing date.
In the absence of good cause, as determined by the Chair in his or her sole discretion, the parties may not introduce witnesses, documents, or other information at the hearing that were not provided to the Chair by this deadline. The parties are also responsible for the attendance of their witnesses at the hearing.
- All Judicial Board hearings shall be conducted in private. In cases involving sexual misconduct/sexual harassment [Article III(B)(4)(a-d)], LCC will keep the complaint and investigation confidential to the extent possible or as required by law.
- The complainant and the accused student have the right to be assisted by one advisor or parent they choose, and at their own expense (if applicable). The advisor may not be an attorney, unless the case involves a concurrent criminal matter and with the Chair's approval. The complainant and/or the accused student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Judicial Board hearing. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Judicial Board hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
- The complainant, accused student and their advisors, if any, shall be allowed to attend the entire portion of the Hearing Phase (excluding deliberations). The complainant or the accused student who does not wish to attend the hearing phase in person may submit a written statement for the Board to consider during deliberations. Admission of any other person to the Judicial Board hearing shall be at the sole discretion of the Chair (or his or her designee).
- In Judicial Board hearings involving more than one accused student, the Chair (or his or her designee), in his or her sole discretion, may permit the Judicial Board hearings concerning each student to be conducted either separately or jointly.
- Witnesses will provide information to and answer questions from the Judicial Board. The tone of the hearing should be educational and not adversarial. Questions of whether potential information will be received shall be resolved in the sole discretion of the Chairperson of the Judicial Board.
- Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Judicial Board at the sole discretion of the Chairperson.
- All procedural questions are subject to the final decision of the Chairperson of the Judicial Board.
- Requests for a continuance shall be at the discretion of the Chairperson of the Judicial Board.
- After the portion of the Judicial Board hearing concludes in which all pertinent information has been received, the Judicial Board shall determine (by majority vote) whether the accused student has violated each section of the Student Code which the student is charged with violating. However, the Board may also suggest a different charge to the Chairperson if they believe the facts support charge(s) different than the charge(s) the student was originally charged with. The Judicial Board will also recommend an appropriate sanction to the Chairperson.
- The Judicial Board's determination shall be made on the basis of whether "more likely than not" the accused student violated the Student Code or General Rules.
- Formal rules of process, procedure, and/or technical rules of evidence, such as those that are applied in criminal or civil court, are not used and do not apply in Student Code of Conduct proceedings/hearings.
- If a disruption occurs during the hearing, the Chairperson, in his or her sole discretion may have the disruptive party removed from the hearing.
15. There shall be a single verbatim record, such as a digital recording, of all Judicial Board hearings before a Judicial Board. Deliberations shall not be recorded. The record shall be the property of the College. This recording will be maintained only until the appeal process has concluded (if applicable) or until the time of appeal has lapsed. For the purposes of FERPA, the recording is considered an educational record and cannot be released unless a release is signed by all students with identifiable information contained in the recording. The recording may be requested under FOIA if the hearing only involved one student without any witnesses, and the student is the individual requesting the recording.
16. If an accused student or complainant, with notice, elects not to appear or provide a written statement (in lieu of appearance) before a Judicial Board hearing, the student shall be considered to have waived the right to appeal, and the decision at the prior level stands. If the Judicial Board is the initial decision maker, the information in support of the charges shall be presented and considered by the Judicial Board even if the accused student or the complainant is not present.
17. The Chairperson may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Dean of Student Affairs (or his or her designee) to be appropriate.
18. Once the Judicial Board has made a decision as to whether more likely than not the accused student violated the Student Code of Conduct, the Judicial Board will make recommendations to the Chairperson regarding an appropriate sanction.
If an accused student has requested that the Judicial Board decide his or her sanction (under Article IV(A)(5)(b)), then the Judicial Board shall make the final determination regarding sanction.
19. After receiving the recommendations of the Board, the Chairperson will decide the most appropriate sanction proportionate to the violation.
20. Due Process procedures apply to complaints of unlawful discrimination or related harassment on the basis of race, color, age, religion, national origin, creed, ancestry, familial status, disability, martial status, height, weight, sexual orientation, veteran's status, or sexual discrimination including sexual misconduct and sexual harassment raised by employees, students, or third parties against any currently enrolled LCC students in accordance with Title IX of the Higher Education Amendments of 1972, 20 USC 1681 et seq.
21. All complainants will receive information regarding the notification of alleged violations to the accused students, as well as the outcome and final decision of the case. Sexual discrimination (offenses listed under Article III(B)(4)(a-e)) victims will receive a copy of the actual notification and sanction letter sent to the accused students.
1. In cases of noncompliance with the Student General Rules or a violation of the Student Code of Conduct, the College will impose discipline that is consistent with the impact of the offense on the College community. Progressive discipline principles will be followed in that the student's prior discipline history at the College will be taken into account. Disciplinary action taken against a student may include, but is not limited to, one or more of the following:
- Verbal Warning - Student is given a verbal warning and a notation is made in the student's disciplinary file.
- Written Warning - A notice in writing to the student that the student is violating or has violated institutional regulations and a copy of the warning letter is placed in the student's disciplinary file.
- Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
- Loss of Privileges - Denial of specified privileges for a designated period of time.
- Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Discretionary Sanctions - Work assignments, essays, service to the College, community service, or other related discretionary assignments.
- College no contact orders - between the accused student and the complainant (when appropriate).
- College Suspension - Separation of the student from the College for a definite period of time (usually a year or less) after which the student is eligible to return. Conditions for readmission may be specified. Suspensions may be effective immediately or deferred.
- College Dismissal - separation of the student from the College for a year or more. The student may be eligible for return. Conditions for readmission may be specified. Dismissals will be effective immediately.
- College Expulsion - separation of the student from the College permanently. Expulsions will be effective immediately.
- Revocation of Admission and/or Degree - Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
2. Withholding Degree or Certificate - The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.
3. More than one of the sanctions listed above may be imposed for any single violation.
4. The following sanctions may be imposed upon groups or organizations:
- Those sanctions listed above in article IV(B)(1)(a-k).
- Loss of selected rights and privileges for a specified period of time.
- Deactivation. (Loss of all privileges may be issued, including College recognition, for a specified period of time.)
5. Once the Judicial Board has determined that a student and/or group or organization has violated the Student Code or General Rules, the sanction(s) shall be recommended by the Judicial Board to the Chair. The Chairperson shall make a final determination of the sanction to be imposed, taking into consideration the Judicial Board's recommendations.
6. Following the Judicial Board hearing, the Judicial Board and the Chairperson shall advise the accused student, group and/or organization in writing of the decision and of the sanction(s) imposed, if any.
C. Interim Suspension
In certain circumstances, the Dean of Student Affairs (or his or her designee), may impose a College suspension prior to a Judicial Board hearing.
1. Interim suspension may be imposed only in the following circumstances:
- to ensure the safety and well-being of members of the College community or preservation of College property; or
- to ensure the student's own physical or emotional safety and well-being; or
- if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
2. Interim suspension will take effect immediately upon the direction of the Dean of Student Affairs (or his or her designee) and last for no more than ten (10) working days (Saturdays and Sundays are not included). The 10-day period may be extended for good cause by the Dean of Student Affairs (or his or her designee) or by agreement with the student.
3. During the interim suspension, a student shall be denied access to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Dean of Student Affairs (or his or her designee) may determine to be appropriate.
4. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and including the completion of the Judicial Board hearing, if required.
1. A decision reached by the Dean of Student Affairs (or his or her designee) may be appealed by either the accused student(s) or the complainant to the Judicial Board within ten (10) working days, excluding Saturday and Sunday, of the decision. Such appeals shall be in writing and shall be delivered to the Student Affairs Divisional Office in GB 135.
2. A decision reached by the Judicial Board may be appealed either by the accused student(s) or the complainant to the Provost (or his or her designee) within ten (10) working days of the decision. Such appeals shall be in writing and shall be delivered to the Dean of the Student Affairs Division (or his or her designee) in GB 135.
3. The Provost (or his or her designee) shall have the sole authority to determine whether or not an appeal warrants further review. An appeal that has been accepted for review shall be limited to review of the verbatim record of the Judicial Board hearing and supporting documents for one (or more) of the following reasons only:
- A material deviation from written procedures that jeopardized the fairness of the process.
- New information, that was unavailable at the time of the hearing, would have resulted in a different outcome.
- A demonstrable bias by a member(s) of the Hearing Board.
- A sanction that is (substantially) disproportionate to the severity of the violation.
4. If an appeal is based on Article IV(D)(3)(a) & (b) (as listed above) and is approved by the Provost (or his or her designee), the matter shall be returned to a new Judicial Board and Chairperson for a rehearing, which will take into consideration the suggestions made by the Provost (or his or her designee) in addition to the facts that were originally presented.
If an appeal is based on Article IV(D)(3)(c) and is approved by the Provost (or his or her designee), the matter will be returned to a different Judicial Board for a new hearing.
If an appeal is based on Article IV(D)(3)(d) and is approved by the Provost (or his or her designee), the matter will be returned to a new Judicial Board to determine sanction only.
The decision of the new Judical Board, after it has rendered its decision in any of these cases, shall be final and binding upon all involved.
5. If an appeal is not approved by the Provost (or his or her designee), the matter shall be considered final and binding upon all involved.
ARTICLE V: INTERPRETATION AND REVISION
A. Any question of interpretation or application of the Student Code or General Rules shall be referred to the Dean of Student Affairs (or his or her designee) for final determination.
B. The Student Code and General Rules and Guidelines shall be reviewed every year under the direction of the Dean of Student Affairs (or his or her designee).
Student Affairs Division
Gannon Building - StarZone
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