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STUDENT CODE OF CONDUCT & STUDENT CONDUCT PROCESS  

 
 


 Alabama State College of Barber Styling is primarily concerned with academic achievement, the growth and development of its students, and the wellness and safety of the members of its community. In addition, the College is committed to preserving peace, supporting a moral and just climate, meeting its contractual obligations, and protecting its property and that of its community members. It is important to treat all students with equal care, concern, honor, fairness and dignity. The College, therefore, has established this Student Code of Conduct to communicate its expectations of students as positive members of the College community.  The primary purpose of the Student Code of Conduct and Student Conduct Process is to protect the campus community and foster a safe, non-threatening environment that advances the academic mission of the College. Accordingly, students will be held accountable for violations of College regulations and policies, although within this context, reasonable efforts will also be made to foster the personal and social development of all parties involved.
The College reserves the right to take any necessary and/or appropriate steps to protect the safety and well-being of the College community. While the jurisdiction of the College shall generally be limited to conduct which occurs on College premises or at College-sponsored events, a student who is charged with a felony as a result of off-campus behavior, and who represents a risk to the health or safety of the College community, may also be subject to student conduct action. In addition, the jurisdiction may be extended when a student commits a prohibited act off campus against a student or employee of the College, or against the College itself, when such act is related to the student’s or victim’s status at the College. Although not all inclusive, the following actions, activities or behaviors are expressly prohibited:

1. Engaging in any form of academic dishonesty as follows:

The term “academic dishonesty” includes, but is not limited to, cheating on an examination; plagiarizing, that is, the taking and passing off as one’s own work the ideas, writings, or work of another, without citing the source; submitting work from another course unless receiving advance approval to do so by the instructor; stealing or possessing stolen examinations or course materials; posing as another person or allowing another person to pose as oneself; falsifying academic records; receiving help from others in work to be submitted, if contrary to stated course rules.

2. Engaging in any behavior that is discriminatory or harassing of any individual as follows:

The term “discriminatory or harassing behavior” is any unwelcome conduct directed at a person because of his/her gender, race, color, creed, ethnicity, religion, age, marital status, veteran status, national origin, sexual orientation, or disability that creates a hostile, offensive or intimidating learning or working environment.

3. Intentionally, knowingly or recklessly causing physical harm to any person, or engaging in conduct that threatens, intimidates, harasses or endangers the health or safety of any person, or causing reasonable apprehension of such harm or threat.

4. Intentionally, knowingly or recklessly engaging in disruptive behavior, as follows:

The term “disruptive behavior” shall include, but not be limited to the following:

a. behavior that causes a disruption to either academic endeavors or the administrative operation of the College;

b. Any student refusing to provide service to a client or who is rude to a client;

c. refusal to cooperate with or follow the directions of their instructor;

d. behavior that could endanger life or property;

e. behavior that infringes on the rights of other members of the College community; and

f. leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

5. Conduct which is lewd or indecent.

6. The use of electronic or other devices to make an audio, video or photographic record of any person or thing while on College property without the prior permission of the instructor and/or the use, in any restroom, of electronic or other devices, such as cameras or camera phones, to make a video or photographic record.

7. Abusing, harassing, or coercing any person in a threatening or intimidating manner, either verbally, in writing, or through electronic or other means (when judged from the perspective of a reasonable person in the position of the complaining individual).

8. Failing to comply with the lawful direction of a faculty member, College official or law enforcement officer acting in performance of his/her duties, and/or failing to identify oneself to these persons when requested to do so.

9. Consuming, possessing or distributing alcoholic beverages on College premises.

10. Unlawfully possessing, distributing, or using any drug, narcotic, hallucinogen or similar chemical agent that is controlled or prohibited by law.

11. Engaging in any intentional, unintentional, knowing or reckless act which results in damage or destruction of College property, equipment, facilities, systems, intellectual property, vehicles, vessels or the vehicles or property of another, or causes the obstruction of the free flow of pedestrian or vehicular traffic on College premises.

12. Stealing College property or services, or stealing property of any person, or distributing stolen property on College premises.

13. Gambling on College property.

14. Possessing or using fireworks on College property or at College-sponsored activities, except as authorized by the President or his/her designee after receipt of any necessary permits.

15. Possessing, using, or threatening others with firearms, explosives, hazardous materials, or weapons on College property or at College-sponsored activities, except by certified law enforcement officers either on duty or otherwise acting in accordance with the requirements of their position. Note that the term “weapon” shall include any object or substance that is designed to, or used to, or reasonably can be used to, inflict physical harm, cause injury, or incapacitate.

16. Tampering with, or the unauthorized use of, fire safety equipment such as extinguishers, smoke detectors, alarm pull stations or emergency exits, including activating a false fire alarm, failing to evacuate a facility during the sounding of a fire alarm or upon the direction of a staff member, or attempting to re-enter the building without permission of the proper authorities.

17. Violation of traffic safety and student parking regulations.

18. Forging, altering or misusing any College document, record, or instrument of identification (including student identification cards, passwords, PIN numbers) to seek or obtain privileges not ordinarily provided, or permitting someone else to make such use.

19. Intentionally furnishing false information to any College official, faculty member or College office.

20. Abusing the College student conduct process, including but not limited to falsifying, distorting or misrepresenting information before a conduct officer or investigating body; instituting a student conduct code proceeding in bad faith; attempting to influence or discourage an individual’s proper participation in, or use of, the student conduct system; harassing verbally or physically and/or intimidating a member of a student conduct body; or failing to comply with the terms of any disciplinary sanction imposed.

21. Possessing, duplicating, distributing or using keys to any College premises without authorization.

22. Being present in or using College premises, facilities or property without authorization.

23. Smoking or the use of smokeless/chewing tobacco in College building.

24. Misusing, or using without authority or in violation of law, the College’s information technology or telecommunications systems, including but not limited to the unauthorized or illegal use or misuse of College phone, computer, and/or network systems; the unauthorized entry or dissemination of electronic information; prank, threatening or harassing calls or e-mail messages; the hacking, duplication or unauthorized use of copyrighted software; destruction, unauthorized transfer or alteration of electronic files; and unauthorized use of another individual’s electronic identification number, such as password, user name, ID number, Social Security number, PIN, etc.

25. Violating any local, state or federal law on College premises or at College events.

26. Failure to comply with other College policies as outlined in the school’s Catalog & Student Handbook or other official College publications.

Students may be held accountable to both civil authorities and to the College for acts which constitute violations of the law and this Code of Conduct. The College may proceed with the student conduct process while the criminal proceedings are in progress, and will not be subject to a challenge based upon the grounds that criminal charges connected with the same incident are pending, have been dismissed, reduced, resolved in favor of or against the criminal law defendant, or withdrawn.

STUDENT CONDUCT PROCESS

Any member of the College community may file a charge against any student for an alleged violation of the Student Code of Conduct. The Student Affairs Administrator, either as the complainant or recipient of a written complaint, shall review the facts and documentation to determine whether sufficient conditions exist to support the initiation of the student conduct process. If so, the Student Affairs Administrator shall, without determining whether a violation of the Code of Conduct has occurred, notify the student in writing of the alleged incident, any charges that may have been filed, as well as the date, time, and location for any hearing or meeting that may have been scheduled. This letter will be personally delivered or sent via certified or registered mail (US Postal Service) to the address which the student has provided the College as his/her official address. Included with the letter will be a copy of the Student Code of Conduct and Student Conduct Process. A student will be given a minimum of three business days to prepare for a hearing and shall have the right to meet with the Student Affairs Administrator prior to the hearing to review the case file, clarify the process, ask questions, etc. The student may waive, in writing, the requirement of either the written notice, or the three business days to prepare for the hearing.

The Student Affairs Administrator may adjudicate any matter when in his/her determination the level of sanction for the violation of alleged regulations, if so determined, would result in a sanction no more severe than probation without the loss of privileges. Should the Student Affairs Administrator or his/her designee determine that the incident could result in a sanction greater than probation; the case would then be decided by the Director unless both the student and the Student Affairs Administrator or his/her designee agree to have the case decided solely by the Student Affairs Administrator.

A student with a physical, emotional or psychological condition who is accused of an alleged violation of the Code of Conduct should not be diverted from the student conduct process unless the Student Affairs Administrator or his/her designee determines that the medical suspension procedure would be more appropriate. The decision to implement the student conduct process or medical suspension process is the responsibility of the Student Affairs Administrator or his/her designee, in consultation with the Student Affairs Administrator.

INTERIM SUSPENSION

When there is evidence that the continued presence of a person on the College premises may pose a threat to herself/himself or to others, or may substantially impede the lawful functions of the College, the Student Affairs Administrator and/or the Director may suspend the student from the College, restrict the student’s access to College programs or services, or bar the student from the campus, for an interim period of time pending action taken under this Code of Conduct.

Faculty members/College officials may direct that a student whom they believe to be engaging in disruptive behavior in their class, office, College sponsored activity or service area to leave for the remainder of the day. Faculty members/College officials are encouraged to notify the Student Affairs Administrator and the Director of the incident within one business day of the action If the issue cannot be resolved informally, the faculty member/College official may file formal conduct charges against the student, and request in writing that the Student Affairs Administrator and/or the Director impose an interim suspension pending action on the allegation. The Student Affairs Administrator or the Director shall respond to the request, if possible, before the next work day stating the reasons for the imposition or non-imposition of the requested interim suspension. Should an interim suspension be imposed, every effort should be made to schedule the conduct hearing as soon as possible. In the absence of additional action taken by the Student Affairs Administrator and/or the Director, the student will be allowed to return to the school the next day.

The following procedures shall apply to all student conduct proceedings unless otherwise specified:

1. The student shall be granted access to the case file to assist with the preparation for the hearing. The student must take the initiative to obtain this information.

2. Only the Student Affairs Administrator may grant a postponement of a hearing to allow additional time for preparation or for other valid reasons.

3. All student conduct hearings shall be of a nature as to provide all parties with the full opportunity to present all sides of an issue in detail. The ability to question witnesses shall be accorded all parties as determined by the Student Affairs Administrator or his/her designee or the Director. Pertinent records, exhibits and written statements, as determined by the Student Affairs Administrator or Director, may be accepted as evidence.

4. All parties shall be provided the opportunity to present their rationale either in support of or against the alleged charges and to produce oral testimony and/or written statements of any witness, and/or documentary evidence.

5. Should a student elect not to appear at a scheduled hearing, the hearing will proceed in his/her absence.

6. All student conduct proceedings are closed to the public. Hearing participants are limited to the student(s) charged, the complainant(s), witness(es), and members of the school faculty. The student(s) charged, the complainant(s), and the Director should be present throughout the hearing. However, should the hearing involve a minor student; the student will have the option of having the parent(s) or guardian(s) present also. If this occurs, the parent(s) or guardian(s) are not permitted to address the Conduct Board or to speak on behalf of the student.

7. The Student Affairs Administrator or the Director shall exercise control over the hearing at all times.

8. The presence of witnesses in the hearing shall be limited to the presentation of their relevant information, and their questioning by either the student(s), complainant(s), or members of the faculty. Witnesses shall be required to present only relevant, truthful information. Student witnesses who knowingly provide false information to a conduct body may be subject to student conduct action.

9. All students are considered not in violation of the Code of Conduct unless determined otherwise by the Director.

10. Prior student disciplinary history is not permitted to be included in the conduct body’s determination of the violation of the Code of Conduct. Should a student be found responsible for violating the Code of Conduct, any previous violations of the Code on the College campus will be considered during the sanctioning phase of the process.

11. All deliberations of the conduct process will be made in closed session, without the presence of the respondent student(s) or complainant(s). A determination of the violation will be based solely upon the evidence presented.

12. A violation of the Student Code of Conduct must be established by a preponderance of the evidence presented for sanctions to be imposed.

13. Should the student(s) be found in violation of the Code of Conduct, the director will, in closed session, determine any sanction(s). Factors to be used in determining sanctions include, but are not limited to, the severity of the violation, any previous student disciplinary history, the demeanor of the student, and the general welfare of members of the College community.

14. Members of the conduct process shall act objectively and free of personal bias.

15. Students shall have the right to appeal a decision for appropriate cause. (Please refer to the Appeal Process section.)

16. Student disciplinary information and files are confidential as per the federal Family Educational Rights and Privacy Act (FERPA). Therefore, all participants in a conduct proceeding are required to consider all information and decisions related to the proceedings to be confidential. Any student who fails to adhere to this expectation may be subject to disciplinary action. The College will only disclose the final outcome of a student conduct hearing to the respondent, the victim of an act of violence or a non-forcible sex offense, as defined by the FBI Uniformed Crime Code (as per the Higher Education Reauthorization Act), and to College officials and faculty members who have a legitimate educational interest in the outcome.

17. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Conduct proceedings.

In the event that a code of conduct complaint is filed against a student and either the Student Affairs Administrator or the Director subsequently determines that sufficient conditions do not exist to support the initiation of the student conduct process, the complainant shall have five (5) business days from receipt of such notice to file a written appeal to the Director or his/her designee, who shall review the file and within five (5) business days, determine whether to uphold the decision of the Student Affairs Administrator. If the Student Affairs Administrator affirms the decision of the Director, the complaint is dismissed. If the Student Affairs Administrator upholds the complainant’s appeal, the Director shall be directed to initiate the student conduct process.

PROCEEDURES FOR ACADEMIC DISHONESTY

If a faculty member concludes that a student has committed an act of academic dishonesty, the faculty member may initiate student conduct action through the Director and/or may notify the student that s/he has imposed any of the following penalties:

1. require that the student repeat the assignment or the examination; or

2. give the student a failing grade for the assignment or examination; or

3. give the student a failing grade in the course and deny the student continued access to the class.

Should the student believe that s/he has been wrongly or unfairly accused of academic dishonesty, the student shall have the right to pursue the matter through the Academic Complaint & Grievance Process.

The Office of the Student Affairs Administrator and/or the Director shall maintain all records of documented acts of academic dishonesty. Should a faculty member or academic administrator conclude that a student has committed an act of academic dishonesty, s/he is encouraged to report the matter to the Director in order to determine whether the accused student has a previous record of academic dishonesty at any of the College’s three campuses. If so, the matter should then be referred to the Student Conduct Process in addition to any penalty that may have been imposed by the faculty member.

The foregoing procedure shall also apply in those cases when a final grade has already been entered on the student’s academic record. In this event, should a finding of academic dishonesty result in a grade change for a course, any determinations made by the College which in part were based on the grade in question shall be subject to review and revocation.

STUDENT CONDUCT SANCTIONS

One or more of the following sanctions may be imposed for violation(s) of the Code of Conduct:

1. Expulsion/Termination: permanent separation of the respondent from the College. Permanent notification will appear on the respondent’s College transcript. The respondent will also be barred from all College facilities, property and events. There shall be no reimbursement of any tuition and fees.

2. Suspension: separation of the respondent from the College for a specified period of time. Notification will appear on the respondent’s transcript until the respondent is eligible for readmission to the College. The respondent shall not participate in any College-sponsored activity, will be barred from College facilities and properties for the period of the suspension unless specific permission is granted by the Student Affairs Administrator. There shall be no reimbursement of any tuition and fees.

3. Probation: the respondent is reprimanded in writing and warned that a more severe disciplinary sanction may result in the event of further violations of any College regulation within a designated period of time.

4. Verbal Warning: the respondent is warned in writing that he or she has violated the Code of Conduct.

5. Restitution: the respondent is required to make payment to the College or to other person(s), group(s), or organization(s) for damages incurred as a result of the violation of this Code.

6. Other Sanctions: other sanctions such as an oral or written apology, and/or additional educational/behavioral sanctions may be imposed instead of or in addition to those specified in sanctions (1) through (5) listed above.

STUDENT CONDUCT APPEALS PROCESS

Student disciplinary actions may be appealed by the respondent to the Director or his/her designee. As a general rule, the sanctions resulting from a disciplinary decision will be considered to be in place and enforced until such time as determined otherwise by the Director. The appeal must be made by the student in writing, and delivered to the Office of the Student Affairs Administrator or the Director within five (5) business days of the delivery of the written statement of the disposition of the case. The written appeal will then be forwarded to the Director. In appealing a judicial decision, except as noted below, the appeal must fall into one of the following categories:

1. the student has new evidence available that was not available prior to the original hearing;

2. the sanctions do not relate appropriately to the violation or if s/he believes that the facts in the case were not sufficient to establish that a violation of the Code had occurred.

The Director, or his/her designee, will review the file, including the reasons for the appeal, and will then:

1. determine if a meeting with the student is appropriate; or

2. make a determination of the appeal based upon the information contained in the written request and the file.

The Director will retain the option of meeting with the student to obtain any additional information that s/he determines may be necessary to make a decision. The appeal may result in one of the following actions:

1. affirmation of the original decision and sanction(s);

2. reversal of the original decision and sanction(s);

3. affirmation or reversal of the original decision, and the alteration of the sanction(s) to include modification that could cause either an increase or decrease in the level of the sanction(s).

Students will be notified of the appeal decision either in person, or the notification will be sent via certified or registered mail (US Postal Service) within ten (10) business days of receipt of the written appeal. The decision of the Director, or his/her designee, shall be the final appeal authority for the College for all cases.

DISIPLINARY RECORDS

The Student Affairs Administrator and/or the Director’s Office shall maintain all student disciplinary records. Such records are confidential and will be kept separately from the student’s academic records. In the event that a student is not found in violation of the Code of Conduct, the case file shall be maintained for a period of one calendar year and subsequently destroyed. Student conduct files of all respondents found in violation of the Code of Conduct shall be retained by the Office of the Student Affairs Administrator and/or the Director. Sanctions (3) through (9) shall not be reported to outside agencies after three years from the date that the case was decided, except as may be required by a court order or when the student provides the College with written permission to release the records. Records for students who have been expelled/terminated or suspended shall be permanently retained by the Office of the Student Affairs Administrator and/or the Director, and will be reported to outside agencies, with appropriate authorization, indefinitely.

 

 

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