Chapter 3358:17-42 Student Conduct

3358:17-42-01 Student conduct policies.

(A) Conduct policy.

Behavior contrary to civil law, and/or criminal law, and/or behavior that interferes with educational objectives and programs of Washington state community college is forbidden. Such behavior will result in disciplinary action including but not limited to disciplinary probation, suspension, dismissal, expulsion, with holding of transcripts or other appropriate action as determined by the administration.

The decision as to whether a specific kind of behavior is a violation will rest with the administration. A complaint against student conduct should generally be reported to and reviewed by the appropriate academic or non - academic dean. The dean will determine if disciplinary action is appropriate and if the violation is sufficiently serious to require review by members of the executive committee. Disagreements with the dean's decision may be appealed to the judicial board.

If the dean finds that expulsion from class or from the college may be warranted, he/she will refer the matter to a committee composed of three members of the executive committee appointed by the president (here after referred to as the committee). The committee will review and decide on violation of the conduct policy and appropriate disciplinary action if any. Disagreements with the committee's decision may be appealed to the judicial board.

This rule includes the use of the grounds, buildings, equipment and facilities of Washington state community college and includes the conduct of the students, staff, faculty, and visitors to the campus. This regulation shall not include any restrictions on the freedom of speech, the right of persons on the campus to assemble peacefully, nor the right to appeal as described in the rules for "judicial appeals process" in paragraph (A)(1)(b) of rule 3358:17-42-02 of the Administrative Code.

The following are specific but not exclusive examples of behavior prohibited by this rule :

(1) Deliberate destruction of, damage to, malicious misuse of, or abuse of college property.

(2) Assault or battery upon another person while on college owned or controlled property.

(3) Theft of property of the college or any private individual which is physically located on college owned or controlled property.

(4) Forgery or alteration of any college identification cards, parking permits, or records or information storage systems.

(5) Plagiarism or any behavior involving dishonesty.

(6) Manufacture, sale, possession, or use of alcoholic beverages or controlled substances.

(7) Obstruction or disruption of teaching, research, administration, disciplinary procedures or other college activities.

(8) Participation in or organization of any unauthorized demonstration or activity which interrupts the function of the college or interferes with the rights of other members of the college community.

(9) Unauthorized entry into or use of college facilities, either building or grounds.

(10) Prohibited articles on the campus: the possession by students of firearms, fireworks, explosives, and hunting weapons such as knives, bows, and arrows, and crossbows are strictly prohibited on college owned or controlled property for any reason. This prohibition is made for the safety of all individuals on the campus. Some exceptions to these prohibited articles may be approved by the board of trustees.

(11) Deliberate disobedience of or resistance to identified college authorities acting in accordance with college policy.

(12) Drunkenness or gambling on college owned or controlled property.

(13) Falsification or deliberate misrepresentation of facts pertaining to admissions, financial aid, or other acts which result in personal or financial benefit.

(14) Disorderly conduct on college owned or controlled property.

(15) Unauthorized presence on campus after expulsion from the college.

(16) Verbal or physical harassment of a student or students, or of an employee or employees.

(17) Observed excessive speed or reckless operation of a motor vehicle on campus.

Effective: 3/21/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-42-02 Judicial appeal process.

(A) Judicial appeal process.

(1) The following judicial appeal process shall apply for any student who elects to appeal a non-academic decision made under the college conduct policy or other established policy of the college.

Personnel who participated in the initial decision will not participate in the decisions of the judicial board.

(a) Any person who wants to appeal a decision under college policy may do so by requesting in writing a meeting with the judicial board. The request must be submitted to the office of the chief academic officer within five working days of the original decision. (For the purposes of this policy, "working days" shall be defined as any days from Monday through Friday that the college is open.)

(b) A meeting of the judicial board will be scheduled by the chairperson within ten working days of receipt of the student's appeal and notify the student of the time and place of the meeting. In the appeal, the student may present evidence or information on his or her behalf and may be accompanied by a faculty/staff member or other representative of his or her choice (or if under age of eighteen, may be accompanied by a legal guardian.). The faculty/staff member, representative, or guardian may consult with but may not speak on behalf of the student or otherwise participate directly in the proceedings, unless given permission to do so by the chairperson.

The chairperson of the judicial board must supply a written answer to the student within five working days of the date the appeal is heard. The judicial board shall keep a written summary of the proceedings. The written summary and any other materials pertinent to the review shall then be forwarded by the chairperson of the judicial board to the chief academic officer.

(c) If the student is not satisfied with the disposition of the appeal by the judicial board, he or she may appeal in writing the decision of the judicial board to the president of the college or his/her designee. The appeal must be filed within five working days after the receipt of written notice of the decision of the judicial board.

(d) The decision of the president of the college or his/her designee must be rendered within five working days and is final.

(e) The appeal may be withdrawn by the student at any point in the appeal process.

(2) The judicial board will be composed of one department chair, three faculty members, three representatives from student services and two students. A quorum consists of four committee members plus the chairperson. The members and chairperson of the judicial board are appointed by the chief academic officer.

Effective: 3/21/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-42-03 Compliance with the drug-free schools and communities act amendment of 1989.

(A) Compliance with the drug-free schools and communities act amendment of 1989.

(1) Standards of conduct.

Washington state community college prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities.

(2) Legal sanctions.

The Controlled Substances Act ("CSA"), title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, is the legal foundation of the government's fight against abuse of drugs and other substances. This law is a consolidation of numerous laws regulating the manufacture and distribution of narcotics, stimulants, depressants, and hallucinogens. The CSA places all controlled substances into one of the following schedules:

(a) Schedule I.

(i) The drug or other substances has a potential for abuse.

(ii) The drug or other substance has no currently accepted medical use in treatment in the United States.

(iii) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

(b) Schedule II.

(i) The drug or other substance has a high potential for abuse.

(ii) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions.

(iii) Abuse of the drug or other substance may lead to severe psychological or physical dependence.

(c) Schedule III.

(i) The drug or other substance has potential for abuse less than the drugs or other substances in schedules I and II.

(ii) The drug or other substance has a currently accepted medical use in treatment in the United States.

(iii) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.

(d) Schedule IV.

(i) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III.

(ii) The drug or other substance has a currently accepted medical use in treatment in the United States.

(iii) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III.

(e) Schedule V.

(i) The drug or other substance has a potential for abuse relative to the drugs or other substances in schedule IV.

(ii) The drug or other substance has a currently accepted medical use in treatment in the United States.

(iii) Abuse of the drug or other substances may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV.

(3) Federal legal sanctions.

Federal trafficking penalties can be found by visiting the drug enforcement administration website atwww.dea.gov.

(4) State and local legal sanctions.

(a) Drug offenses.

A detailed description of drug offenses in the state of Ohio is found in the following sections of the Revised Code:

(i) In section 2925.02 of the Revised Code, "Corrupting another with drugs."

(ii) In section 2925.03 of the Revised Code, "Trafficking in drugs."

(iii) In section 2925.11 of the Revised Code, "Drug abuse."

(iv) In section 2925.12 of the Revised Code, "Possessing drug abuse instruments."

(v) In section 2925.13 of the Revised Code, "Permitting drug abuse."

(vi) In section 2925.14 of the Revised Code, "Drug paraphernalia offenses."

(vii) In section 2925.21 of the Revised Code, "Theft of drugs."

(viii) In section 2925.22 of the Revised Code, "Deception to obtain a dangerous drug."

(ix) In section 2925.23 of the Revised Code, "Illegal processing of drug documents."

(x) In section 2925.31 of the Revised Code, "Abusing harmful intoxicants."

(xi) In section 2925.32 of the Revised Code, "Trafficking in harmful intoxicants."

(xii) In section 2925.36 of the Revised Code, "Illegal dispensing of drug samples."

(xiii) In section 2925.37 of the Revised Code, "Offenses involving counterfeit controlled substances."

(xiv) In section 2925.56 of the Revised Code, "Unlawful purchase of pseudoephedrine."

(xv) In section 2925.57 of the Revised Code, "Unlawful sale of pseudoephedrine."

(xvi) In section 4301.69 of the Revised Code, "Underage alcohol offenses."

It is against the law to have in your possession an open container of beer or any alcoholic beverage on the street, in any public place not licensed to sell alcoholic beverages for consumption on the premises or in a motor vehicle.

(b) The charges filed and penalties imposed for violation of these sections of the Revised Code depends on several factors, including but not limited to the classification of the drug (marijuana or class I, II, III, IV, V), quantity involved, location of the offense and past criminal record.

(c) Charges filed can range from a minor misdemeanor to a first degree felony and penalties imposed can range from three months to twelve years incarceration and fines from one thousand to fifty thousand dollars.

(5) visit the national institue on Drug Abuse as www.drugabuse.gov for the health risks of the most commonly used drugs.

(6) Available assistance.

Any student with a drug or alcohol problem should seek counseling from the student services office. If appropriate, referrals may be made to community -based agencies, such as first city recovery or the care unit hospital program.

(7) Campus sanctions - student violations.

Drug and alcohol violations fall under the college's conduct policy and will result in disciplinary action including but not limited to the completion of an appropriate rehabilitation program, referral for prosecution, expulsion, or other appropriate action as determined by the administration. The decision as to whether a specific kind of behavior is a violation will rest with the administrationter.

Any student who elects to appeal a decision made under the conduct policy may do so by following the judicial appeal process as described in paragraph (B) of this rule.

Effective: 3/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-42-04 Student e-mail policy.

(A) Student e-mail policy.

The college provides e-mail services to students as an educational experience and as a way to facilitate communications with other students and internal and external resource providers. As with any electronic communication services, there are policies that must be observed in order to clarify rights and responsibilities. Based on legal precedents, the college will observe the following policy statements concerning student use of e-mail.

(1) E-mail is a tool provided by the college to enrich the students' educational experience and is a proprietary system of the college. As a result:

Students have no personal privacy rights in regard to e-mail usage. All messages sent and received are subject to access by the college administration. A monitoring system is in place and is periodically checked to insure that the system is operating efficiently.

(2) Students may not protect e-mail access with a password other than that capability provided through the college's e-mail software program. College personnel must have access to the system in order to manage it for the benefits of all users.

(3) Harassment policies extend to e-mail. Sexual and other types of harassment expressly prohibited in other sections of this manual are also prohibited on the e-mail service.

(4) Any and all policies covered in this manual are applicable when the communications mode is e-mail or any other electronic communications media.

Effective: 3/21/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04