/Institutions/Laredo-Community-College/json/2020-2021/Catalog-local.json

/Institutions/Laredo-Community-College/json/2020-2021/Catalog.json

Students Rights and Responsibilities: Student Conduct

Code of Student Conduct and Discipline

The College District’s primary concern is the student. It attempts to provide for all students an environment that is conducive to academic endeavor, social growth, and individual self-discipline. The College District presumes the student has an earnest purpose and studious and courteous habits, and this presumption in the student’s favor continues until, by the neglect of duty or misconduct, the student reverses it. Every student is expected to obey all federal, state, and local laws and College District regulations and is expected to familiarize himself or herself with the requirements of such laws. Any student who violates any provision of those laws shall be subject to disciplinary action, including expulsion, notwithstanding any action taken by civil authorities on account of the violation. The College District reaffirms to each student the privilege of exercising his or her rights of citizenship under the Constitution of the United States. Special care shall be taken to ensure due process and spell out defined routes of appeal when a student feels his or her rights have been violated.

Acquaintance with Policies, Rules, and Regulations

Each student is expected to be fully acquainted with all published policies, rules, and regulations of the College District, copies of which shall be available to each student for review in the LC Catalog, Student Handbook, and Manual of Policy, each of which can be viewed on-line or at the office of the associate vice president for student services. The College District will hold each student responsible for compliance with these policies, rules, and regulations.

Student

A student shall mean one who is currently enrolled in the College District. These policies and regulations shall also apply to any prospective or former student who has been accepted for admission or readmission to any component institution while he or she is on the premises of any component institution.

Premises

The premises of the College District is defined as all real property over which the College District has possession and control.

Student Misconduct

Each student is expected to conduct himself or herself in a manner consistent with the College District’s functions as an educational institution. Specific examples of misconduct for which students may be subject to disciplinary action include, but are not limited to, the following:

Federal, State, And Local Law

1. Violations of federal, state, or local law or College District policies, procedures, or rules.

   PROHIBITED WEAPONS

2. Possession, distribution, sale, or use of firearms or other prohibited weapons without prior approval [See FLBF].

   DRUGS AND ALCOHOL

3. The use, possession, control, manufacture, transmission, or sale, or being under the influence of a drug or narcotic, as those terms are defined by the Texas Controlled Substances Act, or other prohibited substances described in FLBD, unless under the direction of a physician.
4. The use, possession, control, manufacture, transmission, or sale of paraphernalia related to any prohibited substance.
5. The use, possession, control, manufacture, transmission, or sale, or being under the influence, of alcohol or other intoxicating beverages without the permission of the College District.

   DEBTS

6. Owing a monetary debt to the College District that is considered delinquent or writing an “insufficient funds” check to the College District.

   DISRUPTIONS

7. Disorderly conduct or disruptive behavior occurring on premises owned or controlled by the College District including:
   1. Behavior of a boisterous and tumultuous character such that there is a clear and present danger of alarming persons where no legitimate reason for alarm exists.
   2. Interference with the peaceful and lawful conduct of persons under circumstances in which there is reason to believe that such conduct will cause or provoke a disturbance.
   3. Violent and forceful behavior at any time such that there is a clear and present danger that free movement of other persons will be impaired.
   4. Behavior involving personal abuse or assault when such behavior creates a clear and present danger of causing assaults or fights.
   5. Violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which there is reason to believe that such conduct will cause or provoke a disturbance.
   6. Willful and malicious behavior that interrupts the speaker of any lawful assembly or impairs the lawful right of others to participate effectively in such assembly or meeting when there is reason to believe that such conduct will cause or provoke a disturbance.
   7. Willful and malicious behavior that obstructs or causes the obstruction of any doorway, hall, or other passageway in a College District building to such an extent that the employees, officers, and other persons, including visitors, having business with the College District are denied entrance into, exit from, or free passage in such building.
   8. Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other College District activities, including public service functions, or other authorized activities on College District premises. 

   BEHAVIOR TARGETING OTHERS

8. Threatening another person, including a student or employee.
9. Intentionally, knowingly, or negligently causing physical harm to any person.
10. Engaging in conduct that constitutes harassment, bullying, or dating violence directed toward another person, including a student or employee. [See DIA and FFD as appropriate]
11. Hazing with or without the consent of a student. [See FLBC]
12. Initiations by organizations that include features that are dangerous, harmful, or degrading to the student, a violation of which also renders the organization subject to appropriate discipline.
13. Endangering the health or safety of members of the College District community or visitors to the premises.

    PROPERTY

14. Intentionally, knowingly, or negligently defacing, damaging, misusing, or destroying College District property or property owned by others.
15. Stealing from the College District or others.

    DIRECTIVES

16. Failure to comply with directives given by College District personnel.
17. Failure to provide identification when requested to do so by College District personnel.

    TOBACCO and E-CIGARETTES

18. Possession or use of tobacco products or e-cigarettes on College District property shall be prohibited. "E-cigarette" means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device. The term does not include a prescription medical device unrelated to the cessation of smoking.  The term includes: (a) A device described by this definition regardless of whether the device is manufactured, distributed, or sold as an e-cigarette, e-cigar, or e-pipe or under another product name or description; and (b) A component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.

    MISUSE OF TECHNOLOGY

19. Violating policies, rules, or agreements signed by the student regarding the use of technology resources.
20. Attempting to access or circumvent passwords or other security-related information of the College District, students, or employees or uploading or creating computer viruses.
21. Attempting to alter, destroy, or disable College District technology resources, including, but not limited to, computers and related equipment, College District data, the data of others, or other networks connected to the College District’s system.
22. Using the Internet or other electronic communications to threaten College District students, employees, or volunteers.
23. Sending, posting, or possessing electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal.
24. Using e-mail or websites to engage in or encourage illegal behavior or threaten the safety of the College District, students, employees, or visitors.
25. Possessing published or electronic material that is designed to promote or encourage illegal behavior or that could threaten the safety of the College District, students, employees, or visitors.

    DISHONESTY

26. Making false accusations or perpetrating hoaxes regarding the safety of the College District, students, employees, or visitors.
27. Intentionally or knowingly providing false information to the College District.
28. Intentionally or knowingly falsifying records, passes, or other College District-related documents.

    GAMBLING and OTHER CONDUCT

29. Gambling or engaging in any other conduct that College District officials might reasonably believe will substantially disrupt the College District program or incite violence shall be prohibited.

Use of Electronic Devices

The use of an electronic device shall not interfere with the instructional, administrative, student activities, public service, and other authorized activities on College District premises. Unless prior authorization is obtained from the instructor or respective College District official, the use of electronic devices is expressly prohibited in classrooms, laboratories, clinical settings, and designated quiet areas on College District premises. Certain violations of this policy may be excused in the case of emergencies or other extenuating circumstances provided that prior approval is obtained from the instructor or respective College District official.

The use of electronic equipment capable of capturing still or moving images in any location where individuals may reasonably expect a right to privacy is not authorized on College District premises. Noncompliance with these provisions shall be considered a violation of Board adopted policy and shall warrant appropriate disciplinary action.

Scholastic Dishonesty

"Scholastic dishonesty" shall include, but not be limited to, cheating, plagiarism, and collusion.

"Cheating" shall include, but shall not be limited to:

1. Copying from another student’s test or class work.
2. Using test materials not authorized by the person administering the test.
3. Collaborating with or seeking aid from another student during a test without permission from the test administrator.
4. Knowingly using, buying, selling, stealing, or soliciting, in whole or in part, the contents of an unadministered test, paper, or another assignment.
5. The unauthorized transporting or removal, in whole or in part, of the contents of the unadministered test.
6. Substituting for another student, or permitting another student to substitute for one’s self, to take a test.
7. Bribing another person to obtain an unadministered test or information about an unadministered test.
8. Manipulating a test, assignment, or final course grades.

"Plagiarism" shall be defined as the appropriating, buying, receiving as a gift, or obtaining by any means another’s work and the unacknowledged submission or incorporation of it in one’s own written work.

"Collusion" shall be defined as the unauthorized collaboration with another person in preparing written work for fulfillment of course requirements.

Procedures for discipline due to scholastic dishonesty shall be the same as in student disciplinary actions, except that all scholastic dishonesty actions shall be first considered and reviewed by the faculty member.

Suspended Student Restriction

No student who has been suspended from the College District for disciplinary reasons shall be permitted on the campus of the College District during the period of such suspension without the prior written approval of the associate dean of students/Title IX coordinator, associate vice-president for student services, the vice-president of student success and enrollment, or his or her designated administrator of the College District.

Procedure for Administration of Discipline

College District faculty and staff shall submit an alleged violation or violations of College District policies and procedures, including the rules for student conduct described in this policy, committed by a student to the associate dean of students/Title IX coordinator or associate vice-president for student services within a reasonable time following an alleged incident, not to exceed ten College District business days. The allegations must be submitted in writing, through traditional or electronic means, and must describe the violation and any surrounding facts.

The associate dean of students/Title IX coordinator or associate vice-president for student services is the agent within the College District responsible for student conduct. The associate dean of students/Title IX coordinator or associate vice-president for student services is responsible to the vice-president of student success and enrollment for recommending the formulation and revision of policies and enforcement procedures relating to student conduct and disposal and referral of such individual cases as may properly come before him or her.

Student Disciplinary Hearings

The associate dean of students/Title IX coordinator or  associate vice-president for student services shall be responsible for conducting student disciplinary hearings. Upon receipt of a report alleging misconduct, the associate dean of students/Title IX coordinator or  associate vice-president for student services shall investigate the matter as necessary. The student shall be summoned by the associate dean of students/Title IX coordinator or  associate vice-president for student services for a conference to be held within a reasonable time, not to exceed ten College District business days, following the receipt of the allegation of misconduct. A second summons may be sent if necessary. Failure of the student to report after two notices may result in suspension from the College District. Based on a review of pertinent information, it shall be the responsibility of the associate dean of students/Title IX coordinator or  associate vice-president for student services to determine if a violation of the Code of Student Conduct and Discipline has occurred. After discussion with the student, and if a determination is made that the charges are founded, the associate dean of students/Title IX coordinator or  associate vice-president for student services shall assess the penalty appropriate to the charges and inform the student of such action in writing. The student shall be informed that the decision of the associate dean of students/Title IX coordinator or  associate vice-president for student services may be reviewed through established appeal procedures.

Appeal to the Vice President of Student Success and Enrollment

Within five College District business days after the decision has been made by the associate dean of students/Title IX coordinator or  associate vice-president for student services, the student may give notice of appeal to the vice-president of student success and enrollment. Notice of appeal must be made in writing and delivered to the office of the vice-president of student success and enrollment. Both parties may, at the discretion of the vice-president of student success and enrollment, submit oral or written arguments to support their positions. In order for the appeal to be considered, all the necessary documentation must be filed by the appealing party, including written arguments when appropriate, with the vice-president of student success and enrollment within ten College District business days after notice of appeal is given.

Review by the Vice President of Student Success and Enrollment

The vice-president of student success and enrollment may approve, reject, or modify the decision in question. After discussion with the student, and if a determination is made that the charges are founded, the vice-president of student success and enrollment shall assess the penalty appropriate to the charges and inform the student of such action in writing. The student shall be informed that the decision may be reviewed through established appeal procedures.

Appeal to the College President

Within five College District business days after the decision has been made by the vice-president of student success and enrollment, the student may give notice of appeal to the College President. Notice of appeal must be made in writing and delivered to the College President. Both parties may, at the discretion of the College President, submit oral or written arguments to support their positions. In order for the appeal to be considered, all the necessary documentation must be filed by the appealing party, including written arguments when appropriate, with the College President within ten College District business days after notice of appeal is given.

Review by the College President

The College President may approve, reject, or modify the decision in question. After discussion with the student, and if a determination is made that the charges are founded, the College President shall assess the penalty appropriate to the charges and inform the student of such action in writing.

Appeal to the Board

The student shall have the right to appeal his or her case to the Board by submitting a written request through the College President within ten College District business days following the decision rendered by the College President. The appellant may be represented by legal counsel in this appeal to the Board. The meeting of the Board to hear the student’s appeal shall allow sufficient time for the student appellant and the institutional representatives to present the salient facts pertaining to the issue in question. The appellant may present his or her appeal or may have counsel to present his or her appeal to the Board following due process in the hearings and a determination thereof.

Board’s Right to Review

The Board shall have the right to review any student disciplinary action and approve, reject, or modify the decision.

Interim Disciplinary Action

The vice-president of student success and enrollment or the associate vice-president for student services of the College District may take immediate interim disciplinary action, including suspension, pending a hearing against a student for violation of a rule or regulation of the College District when the continuing presence of the student poses a danger to persons or property or an ongoing threat of disrupting the academic process. In such cases, the vice-president of student success and enrollment or the associate vice-president for student services shall, if possible, meet with the student prior to suspension, discuss the reasons for interim suspension, and allow the student to explain his or her objections pending a full hearing.

Immediate interim disciplinary action, including suspension, may be taken against any student who owes a monetary debt that is considered delinquent to the college district. Established procedures developed by the office of the bursar will address student conditions to resolve this monetary debt. Failure to follow these established conditions will result in the student’s removal from the college district.

Recording of Disciplinary Action

The College District shall maintain confidential records of all disciplinary actions. The College District may expunge those records within five years after the student ceases to be enrolled.

See Manual of Policy: https://pol.tasb.org/Policy/Download/1207?filename=FLB(LOCAL).pdf

Grievances Against the College

Students who feel aggrieved by actions of the College on the basis of race, sex, color, national origin, disability, or age may file a grievance with the Associate Dean of Students. The procedures for resolution may include:

1. A hearing if the problem is not resolved at the level of the Associate Dean or appropriate administrator,
2. Appeals to the appropriate dean, associate vice-president of student services, provost /vice-president of academic affairs or the appropriate executive administrative officer,
3. Appeals to the President,
4. Appeals to the Board of Trustees.

The action of the Board of Trustees shall be final. Specific student grievance procedures are included in the Laredo College Student Handbook.

The College District encourages students to discuss their concerns with the appropriate instructor or other campus administrator who has the authority to address the concerns. Concerns should be expressed as soon as possible to allow early resolution at the lowest possible administrative level.

See Manual of Policy: https://pol.tasb.org/Policy/Download/1207?filename=FLD(LOCAL).pdf