1 Admissions/Access
2 Classroom Environment
3 Student Records
4 Student Organizations
5 Student Publications
6 Freedom of Inquiry and Expression
7 Institutional Authority and Civil Penalties
8 Student Property
9 Student Behavior
10 Violation Penalties
11 Disciplinary Hearing Committee
12 Other Complaint Procedures
Introduction
Broome Community College supports freedom of speech, freedom of inquiry,
freedom to dissent, freedom to assemble, and freedom to demonstrate in
peaceful fashion. The college also stands for the right of students to
pursue their legitimate educational goals without interference. Accordingly,
the college encourages and expects its community to conduct itself in
accordance with the general society's standards of polite behavior, the
college's specific rules and regulations, and all applicable laws of the
local, state and federal government.
Article 1
Admissions and Access
The admissions policy of Broome Community College is consistent with the
purpose and role of an open-door higher education institution. Admission
standards are stated clearly in the general catalog and, are based on
the capacity of students to contribute to or profit from the particular
educational programs they desire. The college makes clear to students
the characteristics and expectations which it considers relevant to success
in a chosen program. Admission to the college is not granted or denied
on the basis of ethnic origin, race, religion, sex, sexual orientation,
age, nationality, political belief or affiliation. Thus, within the limits
of its facilities, Broome Community College is open to all students who
are qualified according to its admission standards.
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Article 2
The Classroom Environment
Free and open discussion, speculation, and investigation are basic to
the academic process. Student performance is evaluated solely on an academic
basis, not on opinions or conduct in matters unrelated to academic matters.
Students are free
to take reasoned exception to views presented in any course of study and
to reserve judgment on matters of opinion, but they are responsible for
learning the content of any course of study in which they are enrolled.
Students do have
orderly procedures to follow in order to be protected against prejudiced
or capricious academic evaluation. They, at the same time, are responsible
for maintaining standards
of academic performance established for each course in which they are
enrolled.
An instructor may exclude from his/her course, any student who, in the
instructor's judgment, has seriously impaired the ability of the class
to achieve the objectives of the course, or who is guilty of offensive
conduct toward the instructor or other members of the class. The student
may appeal the instructor's action to the department chairperson who will,
when necessary, detail the full grievance procedure to the student. (Copies
of this procedure are available from department chairpeople and other
administrative offices.)
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Article 3
Student Records
Students have a right to expect that institutional records will be safeguarded;
that no information will be made available to unauthorized persons; that
no information will be misused by college authorities; and information
not pertinent to the students' role in the college not be recorded. Students
will be given the opportunity to review the contents of their respective
files upon written request and have the right to reply to any derogatory
material. These responses become part of their files. Procedures for destruction
of inactive records have been established that will safeguard the confidence
in which they should be held.
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Article 4
Student Organizations
It is recognized that students bring to the campus a variety of interests
previously acquired and develop many new interests as members of the academic
community. They are free to organize and join associations to promote
their common interests.
Affiliation with
an extramural organization does not of itself disqualify a student organization
from institutional recognition.
Campus advisors are
required for student organizations. Full details on campus procedures
for clubs or organizations are available from the Director of Student
Activities.
It must be remembered that the college will disallow any association that
threatens its openness, receptivity to free inquiry, and the overall learning
process.
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Article 5
Student Publications
Student publications and the student press are valuable aids in establishing
and maintaining an atmosphere of free and responsible discussion and of
intellectual exploration on the campus.
Editors and managers
of student publications will be free to develop editorial policies, and
will be protected from arbitrary suspension and removal because of campus
or public disapproval of their publication's policy or content. At the
same time, editorial freedom of student editors and managers entails responsibilities
to be governed by the canons of responsible journalism, such as the avoidance
of libelous statements, indecency, undocumented allegations, attacks on
personal integrity, and the techniques of harassment and innuendo.
The student press
will be free of censorship and advance approval of copy. However, the
college does retain the right to have copy reviewed by an advisor before
going to print for the purpose of helping student editors and managers
in staying within the limits of responsible journalism.
In the event that a college administrator, the advisor, the Student Government,
or the student press staff members recommend the removal of a student
editor, due process (to involve a review
committee and the right to appeal) will be adhered to and managed by the
Vice President for Student and Community Affairs or his/her designee.
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Article 6
Freedom of Inquiry and Expression
A. Students and student organizations are free to examine and discuss
all questions of interest to them, and to express opinions publicly and
privately. They are free to support causes by orderly means which do not
disrupt the regular and essential operation of the institution. At the
same time, it will be made clear to the academic and the larger community
that in their public expressions or demonstrations students or student
organizations speak only for themselves.
B. Students are allowed to invite and to hear any person of their own
choosing. Routine procedures required by the college before a guest speaker
is invited to appear on campus are designed only to ensure that there
is orderly scheduling of facilities and adequate preparation for the event,
and that the occasion is conducted in a manner appropriate to an academic
community. Institutional control of campus facilities will not be used
as a device of censorship. It should be made clear to the academic and
larger community that student sponsorship of guest speakers does not necessarily
imply approval or endorsement of the views expressed, either by the sponsoring
group or the college.
C. No student or authorized visitor is subject to any limitation or penalty
solely for the expression of his/her views nor for having assembled with
others for such purpose. Peaceful picketing and other orderly demonstrations
in public areas will not be interfered with. Public areas include sidewalks
and parking lots but not areas such as lobbies, corridors, and rooms in
buildings.
D. In order to afford maximum protection to the participants and to the
institutional community, students or student groups will give the college
administration reasonable advance notice of any planned assembly, picketing,
or demonstration upon the grounds of the institution, its proposed locale,
and intended purpose.
E. The peddling
of newspapers or handbills which convey a point of view in the public
areas of the college campus is protected by the First Amendment. Harassment
or intimidation of members of the campus community by persons distributing
literature supporting points of view or causes may require the removal
of those persons from college property. It is recommended that any student
group planning to distribute literature notify the college administration
of its plans so that the administration is aware of the group activities.
(If an off-campus group wishes to come on campus and distribute literature
supporting a point of view or cause, it shall seek permission to do so
from the college administration.)
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Article 7
Institutional Authority and Civil Penalties
When activities of students result in violation of law or when students feel that their civil rights have been violated, institutional officials will be prepared to inform students of sources of legal counsel and may offer other assistance. Institutional authority will never be used merely to duplicate the function of general laws. Only where the institution's interests as an academic community are distinct and clearly involved will the special authority of the institution be asserted. The student who incidentally violates institutional regulations in the course of his/her off-campus activity, such as those relating to class attendance, will be subject to no greater penalty than would normally be imposed. Institutional action will be independent of community pressure.
The college will take no action affecting a student's status while his/her case is before the courts and awaiting final determination. If the student is convicted, the college will attempt to support the intent of the courts. If the court places a student on probation, the college will cooperate with the court to determine the most desirable course of action for the student, the college, and society. Normally when an individual is returned to society, the intent of the court is to allow him/her to return to the position held before commission of the offense for which he/she was convicted. Thus, the college will normally allow such a student to remain in the institution or return to it unless there is evidence that his/her presence imposes a clear danger to other students, faculty, staff or guests of the college or to the orderly operation of the college.
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Article 8
Student Property
Students and their property are not subject to search and seizure, by
college authorities, except by officials designated by the College President,
only when the immediate safety of the college community is threatened,
and in accordance with State and Federal laws.
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| Article 9: Student Behavior: |
The following prohibitions pertaining to student conduct are considered essential to the educational mission and community life of the college. They apply to all situations -- on or off campus -- with College sponsorship.
A. Use, possession, and/or distribution of weapons, firearms, firecrackers, explosives
and/or chemicals.
B. Use or possession of illegal or controlled drugs and/or alcohol.
C. Gambling.
D. Abusive and/or disorderly behavior.
E. Deliberate destruction and/or abuse and misuse of college property or facilities.
F. Theft from an individual organization or agency, and/or department
of the college.
G. Assault and battery, threats of violence, and/or intimidation.
H. Violations of the College’s Acceptable Use policy for computer access and use.
I. Any conduct which violates the laws of the United States, the State of New York,
Broome County, and/or the Town of Dickinson.
The above list of prohibitions is not a full listing of unacceptable behavior in
a college community. Other unacceptable behavior, including, but not limited to, failure to comply with reasonable requests of a College representative, may also result in disciplinary action from the Vice President for Student Affairs (or his or her designee).
Academic dishonesty (such as cheating and plagiarism) or classroom behavior considered detrimental to the teaching-learning process will be addressed by the college's academic offices. A full statement on student academic dishonesty appears in the current College Catalog. |
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| Article 10: Violation Penalties |
The penalties for violation of student behavior and college conduct requirements are restitution, disciplinary warning, disciplinary probation, suspension and expulsion. These penalties do not preclude any legal action that may be taken as a result of violations of federal, state, county and/or town laws.
1. Restitution - In cases of damage, destruction, defacement, or theft of property, restitution is generally required.
2. Disciplinary Warning – An official notice to the student that his or her behavior is in violation of the Student Code of Conduct or other College regulation. Further violations will result in more severe disciplinary action. A student under disciplinary warning must meet those conduct requirements which may be determined in his/her case.
3. Disciplinary Probation- A disciplinary sanction informing the individual that his or her behavior is in serious violation of the Student Code of Conduct or other College regulations. During the probationary period, the student may be barred from participating in extracurricular activities, denied the use of certain College facilities, and/or assigned special duties. Any further violation during the probationary period may result in more severe action up to and including expulsion from the College.
4 Suspension- A mandatory separation from the College for a specific period of time. Students who are suspended are barred from enrolling at or visiting Broome Community College during the period of the suspension.
5 Expulsion- Termination of student status at Broome Community College with no promise of future readmission. Students who are expelled are barred from enrolling at or visiting Broome Community College.
Violations of the Student Code of Conduct and other non-academic regulations are brought before the Vice President for Student Affairs (VPSA) for review. The VPSA will investigate the situation and make a decision regarding disciplinary action based on the outcome of the investigation. If the student wishes to appeal the VPSA’s decision, he or she may do so by making a written request. The request for an appeal must be made in writing and received in the VPSA’s office no later than ten (10) calendar days from the date of the initial disciplinary action. Appeals will be brought before the Disciplinary Hearing Committee. |
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| Article 11: Disciplinary Hearing Committee |
If a student wishes to appeal the Vice President for Student Affairs’ decision regarding a disciplinary sanction, he or she may request an appeal before the Disciplinary Hearing Committee (DHC). Depending upon the severity of the disciplinary violations, a suspended or expelled student may or may not be permitted to attend class during the hearing process. This decision rests with the VPSA.
A. Within ten (10) calendar days of receipt of a student’s written request for an appeal, a Disciplinary Hearing Committee (DHC) meeting will be scheduled. (In the event that a student requests a disciplinary hearing during the last two weeks of a semester, the disciplinary hearing will be held as soon as possible during the next semester.)
B. The student failing to appear before the DHC will not hinder the DHC from conducting its meeting(s).
C. Prior to the scheduled DHC session any written statements by witnesses or involved persons will be supplied to the charged student by the chair of the Disciplinary Hearing Committee.
D. The DHC is composed of five individuals: three members of the college's professional staff identified by the College President and two students identified by the Student Assembly. The Chairperson will be one of the professional staff members. If any potential conflict of interest exists, an individual will not be asked to serve on the DHC and a replacement committee member will be determined by the College President or his or her designee. At least four of the five committee members must be present at the disciplinary hearing in order for the hearing to take place.
E. The DHC is not a court of law and is not bound by the technical rules of evidence but may hear or receive any testimony or evidence which is relevant and material to the issues presented by the charges and which will contribute to a full and fair consideration of the charge. A student against whom the charges are made may appear with a representative of his/her choice. However, the student must address the Disciplinary Hearing Committee, not the representative. Further, the student, not the representative, may question witnesses against him/her and may produce witnesses and documentary evidence in his/her own behalf.
F. There may be present at the requested hearing: the student charged and his/her representative and witnesses; other witnesses; and representatives of the institutional administration. Witnesses produced by the charged student may not be character witnesses. However, written character references may be submitted as evidence.
1. Any persons accompanying the student must be announced, in advance, to the Disciplinary Hearting Committee Chair and VPSA.
2. A record of the proceedings will be made. The proceedings may be recorded electronically, a stenographer may be present, or a member of the College’s secretarial staff may take minutes. To protect the interests of everyone involved, the record will be considered confidential College property.
3. The hearing is not open to the campus public. Only involved parties are admitted. However, a recording secretary or stenographer may be provided by the College to take minutes of the hearing.
G. Within seven (7) calendar days after the close of a requested hearing, the hearing committee will report its findings and recommendations for disposition of the charges to the VPSA, together with a record of the proceedings. Within seven (7) calendar days thereafter the Committee Chair will inform the student in writing of the committee’s decision. The request for an appeal must be in writing and received in the President’s Office no later than ten (10) calendar days from the date of the Disciplinary Hearing Committee’s.
H. All of the above items concern disciplinary action for unacceptable behavior by a student in non-academic situations. For unacceptable behavior involving academic issues other than student grades the same procedures will be followed except that the chief administrative officer will be the Vice President for Academic Affairs (or his/her designee) rather than the VPSA. For information about redress of grievances related to student grades, please refer to the Student Academic Appeals Procedure in the Student Handbook.
Notwithstanding the above disciplinary procedure, the College reserves the right to protect the learning environment by responding immediately to threatening or inappropriate behavior.
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Other Complaint Procedures
Sometimes students have concerns and/or questions about College policy or feel they have not been treated fairly and/or appropriately by members of the College student body, staff or faculty. Students are encouraged to contact the VPSA when such problems arise to determine the best course of action.
1. Instances of alleged discrimination or harassment based on ethnic origin, race, religion, sex, sexual orientation, age, nationality,
political belief or affiliation should be reported to the College's Affirmative Action Officer. He/she will explain to the student the
procedures for claiming such discrimination.
2. Grievances involving grading or other classroom academic issues should first be discussed with the student's teacher. If there is no resolution to the problem, the student should see the appropriate academic department chairperson who will explain the grievance procedure to him/her.
3. Complaints against other students should be in writing to the VPSA. The VPSA will then decide what procedure(s) are appropriate to resolve the issue. Behavior problems are addressed in Articles 9-11. Discrimination and classroom problems are above in A and B. However, the nature of the complaint may involve resolutions not addressed in these Articles.
Additional Information: Please note that prohibited behavior (Article 9, G.) includes sexual assault. Also both the accused and the accuser in an allegation of sexual assault will be informed of the outcome of any campus disciplinary hearing committee regarding the allegation. Both the accused and the accuser shall have the right to have others present during the course of the hearing convened to review the allegation of sexual assault. Finally, both the VPSA and VPAA will seriously consider any request by the victim of a sex assault for assistance in changing academic or other arrangements relevant to the assault.
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