Northland Pioneer College -- Catalog 06-07 -- Student Conduct Code

Student Conduct Code

(Four sections: Procedure 2625,

Procedure 2762 [Harassment],

Procedure 2627 [Hazing Prevention],

Affirmative Action/Title IX statement)

Procedure 2625

The college offers each of its students the freedom to learn and to enjoy the benefits and rewards of college life. In return, the college expects each student to assume the responsibilities that accompany these freedoms. In accordance with laws enacted by the Arizona State Legislature, the Northland Pioneer College District Governing Board has adopted the following code of student conduct and discipline.

Article I: Definitions

A) The following are definitions of terms or phrases contained within this document. The following definitions apply to this procedure only.
- 1) College Community - any person who falls into the following groups: student, faculty member, college official or any other person employed by the college. The Vice President of Student Services shall determine a person's status in a particular situation.
- 2) College Official - any person employed by the college, performing assigned administrative or professional responsibilities pursuant to this code.
- 3) College Premises - includes all land, building, facilities and other property in the possession of or owned, used or controlled by the college.
- 4) Days - Working days exclusive of official holidays as identified in the college catalog; all time lines may be extended by mutual agreement of involved parties.
- 5) Faculty Member - any person hired by the college to conduct instruction.
- 6) Student - all persons taking courses at the college either full time or part time. Persons who are not officially enrolled within a four-semester time period but who have a continuing relationship, based on attendance with the college, within a two-year period of time, are considered "students."
- 7) Vice President of Student Services - College administrator designated by the President for oversight and administration of all non-academic violations of the Student Conduct Code.
- 8) Vice President for Learning - College administrator designated by the President for oversight and administration of all academic violations of the Student Conduct Code.
- 9) Academic Misconduct - all acts of misconduct associated with academic work in a classroom, laboratory, online or clinical learning setting. Academic misconduct includes, but is not limited to, cheating and plagiarism. The Vice President for Learning and Vice President for Student Services shall have final judgment over whether an act of misconduct is considered to be academic or non-academic.
a) Cheating - includes, but is not limited to, the following:
Use of any unauthorized assistance in taking quizzes, test, assessments or examination;
Dependence upon the aid of sources beyond those authorized by the faculty member in writing papers, preparing reports, solving problems, or carrying out other assignments or clinical responsibilities;
The acquisition, without permission, of tests or other academic material belonging to a member of the college faculty or staff.
b) Plagiarism - includes, but is not limited to, the following:
Use of paraphrase or direct quotation of the published or unpublished work of another person without their full and clear acknowledgement;
Unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers and/or other academic materials;
Use of information gathered from the internet that is not properly acknowledged or identified as such.

Article II: Administration of Student Conduct Code

A. Depending on whether a case involves non-academic or academic misconduct, the Vice President of Student Services or Vice President of Learning shall determine the composition of the student conduct hearing committee and determine who shall be authorized to hear each case.
B. The Vice President of Student Services and the Vice President for Learning shall develop procedures for the administration of the Student Conduct Code and rules for the conduct of hearing that are consistent with provisions of the student code.
C. Decisions made by the Vice President of Student Services and the Vice President for Learning shall be final, pending the use of the student grievance procedure.

Article III: Prescribed Conduct

A. Jurisdiction of the College

Generally college jurisdiction and discipline shall be limited to conduct which occurs on college campus or center premises and/or supervised activities, or which adversely affects the college community and/or pursuit of its objectives.

B. Conduct - Rules and Regulations

Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in Article IV.

1. Academic misconduct, as defined in Article I, Item 9 of the Student Conduct Code.
2. 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.
3. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or conduct which threatens or endangers the health or safety of any person.
4. Conduct which is disorderly, lewd or indecent; breach of the peace; or aiding, abetting or procuring another person to breach the peace on college premises or at activities sponsored by or participated in by the college.
5. Illegal manufacture, use, possession, or distribution of narcotic or other controlled substances except as expressly permitted by law.
6. Use, possession, or distribution of alcoholic beverages or public intoxication.
7. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or college activities, including its public service functions on or off campus, or other authorized non-college activities, when the act occurs on college premises.
8. Participation in a college demonstration which disrupts the normal operations of the college and infringes on the rights of other members of the college community; leading or inciting others to disrupt scheduled and/or normal activities on college premises; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.
9. Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to or use of college premises.
10. Illegal or unauthorized possession of firearms, explosives, other weapons or dangerous chemicals on college premises.
11. Failure to comply with direction of college officials or law enforcement officers in the performance of their duties and/or failure to identify one's self to these persons when requested to do so.
12. Gambling on college premises.
13. Violation of published Governing Board policies, college rules or regulations.
14. Violation of federal, state or local law on college premises or at college sponsored or supervised activities.
15. Theft or other abuse of computer time, including but not limited to:
- a. unauthorized entry into a file, to use, read or change the contents or for any other purpose;
- b. unauthorized transfer of a file;
- c. unauthorized use of another's identification and password;
- d. use of computing facilities to interfere with the work of another student, faculty member or college official;
- e. use of computing facilities to send obscene or abusive messages;
- f. use of computing facilities to interfere with normal operation of the college computing system;
- g. violation of any and all posted policies and procedures regarding use of college computers.
16. Failure to comply with the sanctions imposed under the student code.
17. Conduct that is not specifically prohibited which may include verbal or non-verbal expressions or actions that could cause serious discomfort, hardship or embarrassment to individuals or discredit to the institution.

C. Violation of Law and College Discipline

1. When a student is charged only with an off campus or center violation of federal, state or local laws but not with any other violation of this student code, disciplinary action may be taken and sanctions imposed for grave misconduct which demonstrates flagrant disregard for the college community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt, e.g. "no contest" or "nolo contendere."
2. College disciplinary proceeding may be instituted against a student charged with violation of a law that is also a violation of the student code, for example, if both violations result from the same factual situation, without regard to the tendency to civil 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.
3. 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 considerations for the individual because of their status as a student. If the alleged offense is also a subject of a proceeding before a hearing committee under the student code, however, the college may advise off campus authorities of the existence of the student code and of how such matters will be handled internally within the college community. The college will cooperate fully with the law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the probation or parole of student violators. Individual students and institutional employees, acting within their personal capacities, remain free to interact with governmental representatives, as they deem appropriate.

Article IV: Procedures

A. Procedure for Adjudication of Student Misconduct

Any member of the college community may file charges against any student for their conduct under the student code. Charges shall be prepared in writing and directed to the Vice President of Student Services or Vice President of Learning for administration of the Student Conduct Code. The Vice President of Student Services will adjudicate all non-academic misconduct. The Vice President for Learning will adjudicate all academic misconduct. The Vice Presidents shall hereafter be referred to as "the appropriate administrator".

1. Any charges should be submitted within thirty days of the incident. The appropriate administrator will rule on the timeliness of the charges.
2. The appropriate administrator may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the appropriate administrator. Such administrative judgments shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the appropriate administrator may later serve in the same matter as the hearing committee or a member thereof.
3. All charges shall be presented to the accused student in written form. A time shall be set for a hearing, not less than five or more than fifteen working days after the student has been notified. Maximum time limits for scheduling of hearing may be extended at the discretion of the appropriate administrator. The appropriate administrator may appoint a hearing committee consisting of one administrator, one faculty member, and one classified staff member. Should the hearing committee determine that charges have merit, the committee will recommend to the appropriate administrator the nature of the sanction to be imposed on the student.

B. Interim Suspension

In certain circumstances, the Vice President of Student Services may impose an interim suspension prior to a hearing or rendering of administrative judgment.

1. Interim suspension may be imposed only for the following:
- a) To insure the safety and well-being of members of the college community or preservation of college property.
- b) To insure the student's own physical or emotional safety and well-being.
- c) If the student poses a definite threat of disruption of or interference with the normal operations of the college.
2. During the interim suspension, the student shall be denied access to the college including classes and/or all activities or privileges for which the student might otherwise be eligible, as the Vice President of Student Services may determine to be appropriate.

C. Sanctions

1. The following sanctions may be imposed upon any student found to have violated the student code:
- a) Warning - a notice in writing from the Vice President of Student Services or Vice President of Learning by certified mail to the student that the student is violating or has violated institutional regulations.
- b) Probation - a written reprimand for a violation of specified regulations which prohibit the student from representing the college or participating in student activities. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulations during the probationary period.
- c) Loss of privileges - denial of specified privileges for a designated period of time.
- d) Restitution - compensation for loss, damage or injury.
- e) Discretionary sanctions - work assignments, service to the college or other related discretionary assignments.
- f) College suspension - separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
- g) College expulsion - separation of the student from the college. The Vice President of Student Services may review this sanction at a later time, but not less than two calendar years after the date the expulsion occurred.
2. More than one of the above sanctions may be imposed for any violation.
3. All sanction(s) shall be determined and imposed by the Vice President of Student Services or Vice President of Learning based upon administrative judgment or the findings and conclusions of the hearing committee. The Vice President of Student Services or Vice President of Learning will consider the recommendations for sanction(s) of the hearing committee but will not be bound by its recommendations. The Vice President of Student Services or Vice President of Learning will forward the sanction(s) determined to be appropriate along with the findings and conclusions to the accused student within two working days after receipt of the findings.
4. No student may be found to have violated the student code solely because the student failed to appear before the Vice President of Student Services or Vice President of Learning or hearing committee. In all cases, the evidence and support of the charges shall be presented and considered.

Article V: Hearings

A. Hearing shall be conducted by the appropriate administrator according to the following guidelines.

1. Hearings shall be normally conducted in private.
2. Admission of any person to the closed hearing shall be at the discretion of the appropriate administrator.
3. In hearings involving more than one accused student, the appropriate administrator, in their discretion, may permit the hearing concerning each student to be conducted separately.
4. The complainant and the accused shall have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. Both the complainant and the accused are responsible for presenting their own case and, therefore, advisors are not permitted to speak or participate directly in any hearing before a hearing committee.
5. The complainant, the accused, and the hearing committee shall have the privilege of presenting witnesses, subject to the right of cross-examination.
6. Pertinent records, exhibits and written statements may be accepted as evidence for consideration at the discretion of the appropriate administrator.
7. All procedural questions are subject to the final decision of the appropriate administrator.
8. After the hearing, the hearing committee (if consisting of multiple members) shall determine by majority vote whether the student violated the designated sections of the student code. The hearing committee shall render written findings of fact and conclusions and forward with recommended sanctions to the appropriate administrator within three working days of the conclusion of the hearing.
9. The hearing committe's determination shall be made on the basis of whether it is more likely than not that the accused student violated the student code.
10. The hearing guidelines outlined in Article V only apply to Article V of the Student Conduct Code.

B. Administration of Conduct Records

Other than college expulsion, disciplinary sanctions shall not be made part of the student's academic record, but shall become part of the student's confidential record. Upon graduation, the student's confidential record may be expunged of disciplinary actions upon the student's application to the Vice President of Student Services or the Vice President for Learning, depending on the nature of the disciplinary action. Cases involving the imposition of sanctions other than suspension or expulsion shall be expunged, at the student's request, from the student's confidential record five years after final disposition of the case.

C. Appeals

Appeals will be handled according to Procedure #2605 - Student Grievance, beginning at step four. An appeal must be initiated with in ten (10) days from the date of mailing of written sanction notification to the student's last known address on file at the NPC Registrar's Office. It is the responsibility of the student to keep his/her address current with the Registrar's Office.

[Based on Policy #1440; Rev 06/05]

Procedure 2762

Harassment

Northland Pioneer College, consistent with its commitment to provide a healthy working and learning environment for all faculty, staff and students, will not tolerate sexual harassment or discrimination that violates federal or state law.

I. DEFINITIONS

A. Sexual Harassment - Sexual Harassment is defined as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or student status, (2) submission or rejection to such conduct by an individual is used as the basis for employment decisions affecting such individuals, or a student's status, or (3) such conduct has the purpose of effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile or offensive environment.
B. Unlawful Discrimination - Not all discrimination is unlawful. For example, discrimination based on merit such as in awarding differing grades to students based on performance is lawful. Likewise, employment discrimination based on performance, all things being equal is lawful. Unlawful discrimination is that discrimination prohibited by law such as discrimination in employment based on race, color or national origin. Likewise, discrimination based on age as defined by the Age Discrimination in Employment Act or based on disability as defined by the Americans with Disabilities Act or the Rehabilitation Act is illegal. Generally speaking, discrimination based on race, color, national origin, sex, or religion is illegal and will not be tolerated at Northland Pioneer College.

II. EDUCATIONAL PROGRAMS

A. Human Resources Office - The Human Resources Office shall provide educational and training programs that will assist members of the College community in understanding that sexual harassment, hazing, and unlawful discrimination will not be tolerated, and to help the College community understand and recognize discrimination and harassment in its many forms, and to inform the College community how to report harassment or unlawful discrimination when it occurs. As part of this program, the Human Resources Office shall distribute copies of this procedure to all offices at the College and shall present periodic workshops and seminars at least once a year.
B. Other Education - Supervisors and department heads shall also help educate employees under their direction or supervision about this procedure concerning Harassment and Unlawful Discrimination. Student Services administrators shall help provide the student body information about the College's procedure concerning Harassment and Unlawful Discrimination.

III. COMPLAINT PROCEDURES

A. Duty to Report - Any employee who feels that he or she has been sexually harassed or unlawfully discriminated against shall immediately report it to their supervisor, department head or Vice-President. Any student who feels that he or she has been sexually harassed or unlawfully discriminated against shall immediately report it to any Student Services administrator or the Vice President of Student Services. In the event that the employee or student cannot report the conduct to one of these persons, or in the event that the supervisor, department head, Student Services administrator, or a Vice-President is the person accused, the employee or student shall report the harassment to the Human Resources Office. In the event the Human Resources Office is involved, the report shall be to the President. In the event the President is the subject of the complaint the report shall be to the Board.
B. Supervisor Duty to Report - Any employee, supervisor, department head or Student Services administrator who becomes aware of possible harassment of, or unlawful discrimination against, an employee or student, either as a result of having received a complaint directly from the employee or student, or from any other reliable source of information, shall immediately report the harassment to the appropriate supervisor, department head or Vice-President; or in the event that the supervisor, department head or Vice President is the person accused, the supervisor shall report the harassment to the Human Resources Office. All such reports shall be in writing.
C. Investigation - All reports of harassment or discrimination shall be investigated by Northland Pioneer College. The Vice President or Dean of the affected department, the Vice President of Student Services, or an individual appointed by the President in consultation with College Counsel shall conduct an investigation and recommend corrective action to the President. All complaints of Sexual Harassment or Unlawful Discrimination shall be promptly and thoroughly investigated. To the extent possible, a complaint will be treated as confidential; however, the College has a responsibility to all employees and students to investigate Harassment or Unlawful Discrimination charges, which may include interviewing the offenders and any possible witnesses. Following the investigation, the entity conducting the investigation shall recommend appropriate action on all violations of this procedure concerning Harassment and Unlawful Discrimination and shall file a written report of its investigation including any corrective action suggested with the President. In the event that the harassment complaint involves the President, the Board shall perform the responsibilities of the President in the matter.
D. No Retaliation - Under no circumstances will anyone be retaliated against for making a good faith complaint concerning harassment.

IV. DISCIPLINE

A. Corrective Action - Any employee or student who has been found to have violated this procedure concerning Harassment and Unlawful Discrimination will be subject to disciplinary action up to and including termination or expulsion. The President or his or her designee shall impose corrective action or discipline based on the report of the investigation.
B. Appeal - If the corrective action is covered by Procedures 2755, "Due Process: Suspension Without Pay or Dismissal", the College shall proceed accordingly. If the corrective action involves a student, NPC shall follow Procedure 2625. If the corrective action does not involve Procedure 2755 or a student, the individual involved may request an opportunity to present information or evidence to the President regarding the corrective action. Such a request shall be in writing and include a description of the information, why it is relevant, and whether it was previously disclosed in the process of the investigation. The President may meet with the employee, confer with the employee or others or otherwise consider the information. The President shall render his or her decision within a reasonable time. The President's decision is final. An aggrieved student complainant may grieve under Procedure 2605 any action or inaction if the college does not initiate a Student Conduct Code proceeding. The presiding authority in any proceeding brought under any College procedure may protect an alleged victim of sexual harrassment from further harrassment by allowing appropriate modifications to procedure upon the agreement of the College.
C. General Duties of College Personnel and Students - In addition to the specific reporting requirements under the complaint portion of this procedure, all College employees, faculty, students and staff have a responsibility to maintain a proper learning environment at Northland Pioneer College. That responsibility includes not participating in or encouraging unlawful discrimination or sexual harassment, and when necessary to preserve a proper learning environment, reporting any unlawful discrimination or sexual harassment and cooperating in any investigation of improper conduct. A failure to fulfill the responsibility detailed in this subsection is cause for discipline up to and including expulsion or termination.
D. False Accusations - The College recognizes that false accusations of harassment or unlawful discrimination, especially of sexual harassment, may have serious effects on innocent individuals. Any employee or student who knowingly files a false charge of harassment or unlawful discrimination or gives false information concerning a charge of harassment or unlawful discrimination shall be subject to disciplinary action, up to and including termination or expulsion.

[Based on Policy #1541; Rev 6/06]

Procedure 2627

Hazing Prevention - A.R.S. §15-2301

NPC seeks to promote an encouraging learning environment. Hazing is antithetical to that goal. Hazing by organizations, groups or individuals will not be tolerated at NPC. All students, teachers and staff shall take reasonable measures within the scope of their individual authority to prevent violations of the Hazing Prevention Procedure, including reporting incidents of hazing when they occur.

I. Definitions

A. "Hazing" means any intentional, knowing or reckless act committed by a student, whether individually or in concert with other persons, against another student, and in which both of the following apply:
(1) The act was committed in connection with an initiation into, an affiliation with or the maintenance of membership in any organization that is affiliated with an educational institution.
(2) The act contributes to a substantial risk of potential physical injury, mental harm or degradation or causes physical injury, mental harm or personal degradation.
A partial list of examples of hazing includes: paddling in any form, physical or psychological shocks, late work sessions that interfere with scholastic activities, advocating or promoting alcohol or substance abuse, tests of endurance, submission of members or prospective members to potentially dangerous or hazardous circumstances or activities which have a foreseeable potential for resulting in personal injury, or any activity which by its nature may have a potential to cause mental distress, panic, human degradation or embarrassment.
B. "Organization" means an athletic team, association, order, society, corps, cooperative, club or other similar group that is affiliated with an educational institution and whose membership consists primarily of students enrolled at that educational institution.
C. "Student" means, for purposes of this procedure, any person who is enrolled at NPC, any person who has been accepted for enrollment at NPC or any person who intends to enroll at NPC within the next twelve calendar months. A person who meets the definition of a student for purposes of this paragraph shall continue to be defined as a student for purposes of this procedure until the person graduates, transfers, or withdraws from NPC.

II. Prohibited Conduct

A. Hazing is prohibited at NPC.
B. Any solicitation to engage in hazing is prohibited.
C. Aiding and abetting another person who is engaged in hazing is prohibited.
D. It is not a defense to a violation of the hazing prevention policy if the hazing victim consented to or acquiesced in the hazing activity.
E. All students, teachers and staff shall take reasonable measures within the scope of their individual authority to prevent violations of the hazing prevention policy.

III. Complaints and Reports

A. Duty to Report. Any employee or student who witnesses, becomes aware of, or is the victim of hazing shall immediately report the incident to the Vice President of Student Services. If the Vice President of Student Services is unavailable or a report to the VP would involve a conflict of interest, the employee or student shall report the hazing to the President. The report or complaint shall be in writing if an employee is making it and shall be requested to be in writing if a student is making the complaint or report. If the student declines to make the report or complaint in writing, the NPC employee who takes the report or complaint shall reduce it to writing.
B. Investigation. All reports or complaints of hazing shall be investigated by the Vice President of Student Services or by an investigator appointed by the President if the Vice President of Student Services is unavailable for any reason. All complaints or reports of hazing shall be promptly and thoroughly investigated. To the extent possible, a hazing complaint will be treated as confidential; however, the College has a responsibility to all employees and students to investigate hazing charges, which may include interviewing the offenders and any possible witnesses. Following the investigation, the Vice President of Student Services shall take or recommend appropriate action on all violations of this procedure against hazing and shall file a written report of the investigation to the President including an indication of any corrective action that will be taken. Corrective action may include making recommendations for employee discipline to the President, including, but not exclusively, institution of Due Process, Procedure 2755, or commencement of a student disciplinary proceeding under Procedure 2625. Any decision not to take action shall be communicated to any complainant. An aggrieved complainant may appeal the decision through the student or employee grievance procedures.
C. Sanctions. Violations of this procedure shall be considered a grave violation of the Student Conduct Code and Procedure 2625 and will subject a student to discipline up to and including dismissal. Any employee violation of this Procedure shall be considered cause for discipline up to and including dismissal. In addition to these consequences, an Organization as defined in this Procedure may be disciplined by suspension of its permission to conduct operations at NPC if the organization knowingly permitted, authorized or condoned the hazing activity. Other sanctions against an Organization may include:
1. loss of campus privileges for the student organization
2. restitution for damages that may have resulted from the incident
3. a statement of warning
4. a probationary period.

Reinstatement of the Organization may be conditioned on compliance with any of the foregoing or any other reasonable conditions imposed by NPC. An Organization shall be afforded a pre-suspension hearing before the President or his designee to afford it an opportunity to rebut the allegations against it. Any substantiated hazing activity that involves a violation of criminal law by any person shall be reported to local law enforcement personnel.

IV. Intention

This Procedure is not intended to prohibit:

1. Customary athletic events, contests or competitions that are sponsored by an educational institution.

2. Any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate extracurricular program or a legitimate military training program.

[Based on Policy #1541 and A.R.S. §15-2301, revised 8/13/03]

AFFIRMATIVE ACTION AND TITLE IX

Northland Pioneer College is an EEO/AA employer and does not discriminate on the basis of race, color, national origin, religion, marital status, gender, age, Vietnam Era Veterans status, or disability in admission or access to, or treatment or employment in its educational programs or activities. The College is required by Title IX of the Education Amendment of 1972 and the regulations adopted pursuant thereto in the Title VI and VII of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1974 not to discriminate in such manner.

NPC Online Catalog 2006-2007

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