Code of Conduct Discipline Procedure
College premises - include all land, buildings, facilities or other property in the possession of or owned by, leased by, used, or controlled by the college, including adjacent streets and sidewalks.
A college official - is any person employed by the college, performing assigned administrative or professional duties.
The college community - includes any person who is a student, faculty member, college official or any other person employed by the college. A person’s status in a particular situation shall be determined by the vice president for teaching, learning and student development.
Organization means any number of persons who have complied with the formal requirements for recognition.
Cheating includes, but is not limited to:
(1) use of any unauthorized assistance in taking quizzes, tests, or examinations;
(2) use or dependence on the aid of sources beyond those permitted or authorized by the instructor in writing papers, preparing reports, solving problems or carrying out other assignments;
(3) the acquisition, without permission, of tests or other academic material belonging to a member of the college faculty or staff.
Plagiarism includes, but is not limited to:
(1) the appropriation or use by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment;
(2) the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
Student Obligations to the College
Registration at ECC entitles each student to the rights and privileges of membership in the college community. As in other communities, students must assume the responsibilities and obligations accompanying these freedoms. The responsibility for maintaining appropriate standards of conduct, observing all college regulations, and complying with all federal, state and local laws rests with the student.
Behavior for which a student is subject to disciplinary sanctions by the college fall into these categories:
Acts of dishonesty, including but not limited to the following:
Cheating, plagiarism, or other forms of academic dishonesty.
Providing false information to any college official, faculty member or office.
Forgery, alteration, or misuse of any college document, record, or instrument of identification.
Tampering with the election of any college-recognized student organization.
Intentionally disrupting the orderly processes and operations of the college;
(A) intentionally obstructing or denying access to facilities or services by those entitled to use such services or facilities;
(B) intentionally interfering with the lawful rights of other persons on campus;
(C) inciting others to perform acts prohibited by paragraphs (A), (B) or (C) of this section.
Intentional participation in demonstrations within the interior of any college building, structure or any other portion of the premises of the college except as specifically authorized and subject to reasonable conditions imposed to protect the rights and safety of members of the college community or those who have legitimate reason to be present on or to use the facilities of ECC and to prevent damage to real or personal property.
Unauthorized entry into or occupation of any room, building or premises of the college, including unauthorized entry or occupation at an unauthorized time, or any unauthorized or improper use of any college property, equipment or facilities.
Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person.
Attempted or actual theft and/or damage to property of the college or property of a member of the college community or other personal or public property.
Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.
Failure to comply with directions of college officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to those persons when requested to do so.
Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to college premises.
Violation of published college policies, rules or regulations.
Violation of federal, state or local law on college premises or at college-sponsored or supervised activities.
Use, possession, distribution or manufacture of illegal or controlled substances on college premises or at college-sponsored events except as permitted by law.
Use, possession or distribution of alcoholic beverages on college premises or at college-sponsored events except as expressly permitted by the law and college regulations.
Smoking within the school buildings.
Possession or use of firearms, explosives or other weapons except as authorized by the college.
Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college-sponsored or supervised functions.
Conduct which is disorderly, lewd or indecent; breach of peace; or aiding, abetting or procuring another person to breach the peace on college premises or at functions sponsored by, or participated in by, the college.
Theft or other abuse of computer time, including but not limited to:
Unauthorized entry into a file, to use, read or change the contents or for any other purpose.
Unauthorized transfer of a file.
Unauthorized use of another individual’s identification and password.
Use of computing facilities to interfere with the work of another student, faculty member or college official.
Use of computing facilities to send obscene or abusive messages.
Use of computing facilities to interfere with normal operation of the college computing system.
Abuse of the disciplinary hearing committee, including but not limited to:
Failure to obey the summons of a judicial hearing committee or college official.
Falsification, distortion, or misrepresentation of information before a disciplinary hearing committee.
Disruption or interference with the orderly conduct of a disciplinary proceeding.
Request of a disciplinary proceeding knowingly without cause.
Attempting to discourage an individual’s proper participation in, or use of, the disciplinary system.
Attempting to influence the impartiality of a member of a disciplinary committee prior to, and/or during the course of, the judicial proceeding.
Harassment (verbal or physical) and/or intimidation of a member of a disciplinary committee prior to, during, and/or after a judicial proceeding.
Failure to comply with the sanction(s) imposed under the student discipline procedure.
Influencing or attempting to influence another person to commit an abuse of the disciplinary hearing.
Disciplinary Procedures
Complaints
Any member of the college community may file charges against any student for misconduct. A charge involving a student must be filed in writing with the associate dean of counseling and career services within thirty (30) days of the alleged incident. The associate dean of counseling and career services must forward a copy of the charge to the dean of students. The associate dean of counseling and career services must also notify the student accused of the infraction.
The associate dean of counseling and career services will make a preliminary investigation of the charge or the complaint to determine if the charges have merit and/or if they can be disposed of by mutual consent of the parties involved on a basis acceptable to the associate dean of counseling and career services. If the charges cannot be disposed of by mutual consent, the associate dean of counseling and career services may, after investigation, decide to warn and inform the student(s) involved, dismiss the charge, or call for a hearing.
Either party, the complainant or the accused, may waive the investigation and go directly to a hearing. The associate dean of counseling and career services will inform the person accused of the investigation decision in writing either in person or by certified mail. A student may appeal the decision of the investigation and request a hearing.
Interim Suspension
In certain circumstances, the dean of students or a designee, may impose an interim suspension prior to a hearing before a disciplinary hearing board. Interim suspension may be imposed only: a) to ensure the safety and well-being of a member of the college community or preservation of college property; b) to ensure the student’s own physical or emotional safety and well-being; or c) if a student poses a definite threat of disruption or interference with the normal operation of the college.
During interim suspension, the student may be denied access to the campus (including classes) and/or other college activities or privileges for which the student might otherwise be eligible as the dean of students may determine to be appropriate.
The dean of students or her/his designee will notify the associate dean of counseling and career services and the Campus Security Office within one working day after a student has been put on interim suspension.
The associate dean of counseling and career services will set a hearing date as soon as practicable. The associate dean of counseling and career services notifies the student by certified mail of the suspension and the date of the hearing, as well as the hearing procedural information.
The Hearing
The college shall conduct a disciplinary hearing through the student affairs committee. The committe members are appointed by the college president except for student members who are appointed by the Student Government.
- To hear from a student charged with an infraction that may result in disciplinary action.
- To make a recommendation to the dean of students based only on evidence introduced at the hearing and to recommend one or more sanctions.
Procedure for Hearings
At least seven working days prior to the date set for a hearing before the committee, the associate dean of counseling and career services shall send a certified letter to the student’s last known address providing the student with the following information:
- A restatement of the charge or charges.
- The time and place of the hearing.
- A statement of the student’s procedural rights.
On written request of the student, the hearing may be held prior to the expiration of the seven day advance notification period, if the dean of students concurs with this change.
Procedural Rights of Students
The right to counsel or advisement. The role of the person acting as counsel is solely to advise the student. The school is not responsible for providing counsel for students. This is a disciplinary hearing, not a trial.
The right to produce witnesses, documentation and evidence. The student shall be allowed to present relevant documentation and to produce pertinent witnesses to the incident/issue.
Right to information. All relevant records, not restricted for official use, will be made available to the student(s) for use as documentation in the appeal issue. A request for relevant records must allow due time for processing and must not be in violation of the Family Educational Rights and Privacy Act of 1974.
Right to privacy during the appeal/complaint. All procedures and meetings including name and related information will be confidential unless otherwise mutually agreed upon by the student(s) and college authorities.
Right to no reprisals or retaliation. Student(s) who have submitted an appeal to this college shall not be subjected to reprisals, retaliation or different treatment because of their participation.
The right to know the identity of the person(s) bringing the charges.
The right to hear witnesses on behalf of the person bringing the charges.
The right to testify or to refuse to testify without such refusal being detrimental to the student.
The Conduct of Committee Hearings
Hearings before the committee shall be confidential and shall be closed to all persons except the following:
- The student.
- Advisor/representatives.
- A recorder.
- Witnesses who shall:
(a) Be defined as persons related to the incident.
(b) Give testimony singularly and in the absence of the other witnesses.
(c) Leave the hearing meeting room immediately upon completion of the testimony.
The hearing will be taped until the committee goes into closed session. A record of the open session will be prepared by the associate dean of counseling and career services. The tape will be erased at the end of the hearing or the appeal (if one occurs).
The recommendation of the student affairs committee will be submitted to the dean of students by the associate dean of counseling and career services who writes up the narrative of the process and forwards the recommendation and the narrative to the dean of students.
The dean of students will advise the complainant and the accuser in writing of his/her determination and of the sanction(s) imposed, if any, within five (5) days.
Disciplinary Sanctions
The dean of students may impose any one or a combination of the following disciplinary sanctions.
Disciplinary Warning: This is a strong, written warning that the same conduct or other conduct in violation of the ECC code of student conduct during that student’s enrollment at the college shall result in additional disciplinary action. A copy of the disciplinary warning shall be placed in the student’s confidential file maintained in the dean of students' office for five years from the time the student has either graduated, transferred or not attended or enrolled in classes for a period of four consecutive semesters.
Disciplinary Probation: A student on disciplinary probation may continue to attend classes but may not participate in any student activities or intercollegiate activities during the period of disciplinary probation. Probation is for a designated period of time. Any further violations of the ECC student code of conduct may lead to suspension or expulsion from the college.
Restitution: A student may be required to pay for the repair or replacement cost for any damage he or she causes to property, real or personal. A student may be required to provide specific in-kind services.
Educational Sanction: A student may be required to participate in a specific program(s), either of an educational nature or counseling nature, including but not limited to instruction or research. The student is responsible for all expenses arising out or related to the requirements of this sanction, including expenses for education, counseling or treatment, where such expenses are incurred.
Exclusion from College Facilities or Activities: A student may be prohibited from attending one or more classes or courses, undertaking college employment, entering a building, participating in some or all extra-curricular activities sponsored by the college, representing the college in an official capacity, or using other services provided by the college. Such exclusion shall be for either:
(i) a definite period of time,
(ii) until certain requirements placed on the student are completed,
(iii) or indefinitely.
Disciplinary Suspension: A student may be suspended from the college for a specific period of time. Such suspension shall include disenrollment and denial of attendance at any classes and participation in any college-sponsored activities and employment with the college during the term of suspension. The student may be readmitted upon completion of the suspension.
Expulsion: Where a student has committed very serious violations of the ECC code of student conduct and/or has a record of multiple violations and/or disciplinary actions, the student may be dismissed from ECC permanently.
More than one of the sanctions listed may be imposed for any single violation.
Disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record. A disciplinary record will be maintained in the dean of students' office for five (5) years after final disposition of the case.
In each case in which a disciplinary hearing committee determines that a group or organization has violated the student discipline procedure, the sanction(s) will be recommended by the student affairs committee and communicated by the associate dean of counseling and career services who writes up the narrative to the dean of students.
The dean of students is not limited to sanctions recommended by members of the disciplinary body. Following the hearing the dean of students will advise the complainants and the accuser in writing of the determination and the sanction(s) imposed, if any, within five (5) working days.
Appeal
The student or group or organization has the right to appeal. More»