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Serving Henderson and Transylvania Counties in Western North Carolina
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Policy TrackingDate
Approved
RevisedAugust 19, 2016
Reviewed

Blue Ridge Community College (“College”) students assume an obligation to conduct themselves in a manner compatible with the College’s function as an educational institution. The College has adopted basic standards of student conduct and when these standards are violated, penalties may be incurred. Consequences for violations include, but are not limited to: warnings, fines, restitution, loss of privileges or access to campus resources, probation, suspension or expulsion. The College reserves the right to withhold academic records or to deny registration for subsequent semesters.

If a student’s behavior simultaneously violates both College regulation and federal, state and/or local laws, the College may take disciplinary action independent of that taken by legal authorities.

  1. Code of Student Conduct
    Types of student conduct for which disciplinary proceeding may be initiated include but are not limited to the following:
    1. Disruption of School - A student shall not by use of violence, force, noise, coercion, threat, intimidation, fear, passive resistance or any other conduct intentionally cause the substantial and material disruption or obstruction of any lawful mission, process, or function of the school.
      Neither shall a student engage in such conduct for the purpose of causing the substantial and material disruption if obstruction is reasonably certain to result.

      The following illustrate the kinds of offenses encompassed here:
      1. occupying any school building, school grounds, or part thereof, with intent to deprive others of its use;
      2. blocking the entrance or exit of any school building or corridor or room therein with intent to deprive others of lawful access to or from, or use of, the building or corridor or room;
      3. setting fire to or damaging any school building or property;
      4. firing, displaying, or threatening use of firearms, explosives, or other weapons on the school premises for any unlawful purpose;
      5. prevention of or attempting to prevent by physical act the convening or continued functioning of any school class, or activity, or of any lawful meeting or assembly on the school campus;
      6. preventing students from attending a class or school activity;
      7. except under the direct instruction of an administrator, blocking normal pedestrian or vehicular traffic on a school campus;
      8. making noise or acting in any manner so as to interfere seriously with the instructor's ability to conduct the class; and
      9. unruly conduct at a school activity, function or event.
    2. Damage or Destruction of School Property - A student shall not intentionally cause or attempt to cause damage to school property or steal school property.
    3. Damage or Destruction of Private Property - A student shall not intentionally cause or attempt to cause damage to private property or steal or attempt to steal private property either on the school grounds or during a school activity, function, or event off school grounds. Repeated damage, theft, or fraud involving private property shall be a basis for long-term suspension or expulsion from school.
    4. Physical Abuse of a School Employee, Student or other Person not Employed by the School - A student shall not intentionally do bodily injury to any person (1) on the school grounds during and immediately before or immediately after school hours, (2) on the school grounds at any other time when the school is being used by a school group, or (3) off the school grounds at a school activity, function, event, or in a College-owned vehicle. Neither self-defense nor action undertaken on the reasonable belief that it was necessary to protect some other person is to be considered an intentional act under this rule.
    5. Weapons and Dangerous Instruments - A student shall not knowingly possess, handle, or transmit any object that can reasonably be considered a weapon: (a) on the school grounds during and immediately before or immediately after school hours; (b) on the school grounds at any other time when the school is being used by a school group; or (c) off the school grounds at any school activity, function, event, or in a school-owned vehicle. Weapons and dangerous instruments are defined in Section 2.18.1 of this Manual.
    6. Narcotics, Alcoholic Beverages and Stimulant Drugs - A student shall not knowingly possess, use, transmit or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, or intoxicant of any kind (a) on the school grounds during and immediately before or immediately after school hours or (b) on the school grounds at any other time when the school is being used by any school group. Use of a drug authorized by a medical prescription from a registered physician shall not be considered a violation of this rule.
    7. Tobacco Use - A student shall not violate the College Tobacco-Free Campus regulations. Smoking and the use of smokeless tobacco products are prohibited on all College properties including inside any building or facility and on College grounds. Exceptions are limited only to smoking or the use of tobacco products inside the confines of a motor vehicle on College grounds. See Procedure 5.9.1.
    8. Campus Parking and Traffic Regulations - A student shall not violate campus parking and traffic regulations. See Procedure 5.14.1.
    9. Discrimination, Harassment and Sexual-Based Offenses – for all issues related to this topic, see Procedure 4.15.2.
    10. Computer Use - For all issues related to violations of the College Computer Use policy, see Procedure 8.1.3.
    11. Disruptive Communications - A student shall not intentionally send electronic communications which disrupt the learning environment. In addition to items listed specifically in the College Computer Use procedures, this may include but is not limited to the use of profanity, insulting or harassing remarks in e-mail, discussions, chat, electronic text, or telephone communications. Violations may be grounds for the student to receive a failing grade, suspension, or expulsion.
    12. Classroom Conduct - A student shall not engage in any conduct that endangers the success of the student or others in the classroom. Examples of this type of conduct include, but are not limited to: stealing, cheating, gambling of any type, personal combat; loud, profane, or boisterous language; or any other conditions on the campus which would be considered unbecoming to a member of the student body. See Procedure 6.6.1.
    13. Public Laws/College Policy - Violations of any federal, state, or local laws occurring while on campus may lead to legal actions as well as campus discipline. Violations of federal, state, or local laws occurring off campus may result in disciplinary action if the student’s continued presence on campus constitutes a threat to the safety and order of the campus. Violations of College policies and procedures may result in disciplinary action.
    14. Assault – Students shall not assault or threaten to assault another person for any reason whatsoever. Assault includes a demonstration of force, unlawful physical touching or striking. For sexual assault, see Procedures 4.15.2.
    15. Communicating Threats – Students shall not verbally, in writing, through a third party or by any other means threaten to physically injure another person or that person’s child, sibling, spouse or dependent or willfully threaten to damage the property of another.
    16. Bullying – Students shall not intimidate or threaten with harm any other individual. Bullying is defined as any pattern of gestures or written, electronic or verbal communications or any physical act or any threatening communication that takes place on the College premises or at any College sponsored function that: (a) places a person in actual and reasonable fear of harm to his or her property; or (b) creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities or benefits or a College employees ability to perform the essential functions of his/her job. Hostile environment means that the victim subjectively views the conduct as bullying and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying. A hostile environment may be created through pervasive or persistent misbehavior or a single incident if sufficiently severe.
    17. Threats – Students shall not engage in any behavior that constitutes a clear and present danger to the physical and/or emotional well-being of the student and/or other students, faculty, and staff.
    18. Academic Honesty - for all issues related to this topic, see Procedure 4.15.3.
  2. Immediate Removal from Campus
    If an act of student misconduct threatens the health, safety or well-being of any member of the academic community and/or seriously disrupts the function and good order of the College, an instructor will immediately notify the Vice President for Student Services who will direct student involved to cease and desist such conduct and advise them that failing to cease and desist will result in immediate dismissal from the class or campus. If the student fails to cease and desist, or if the behavior is such that the student needs to immediately be removed from campus, the Vice President for Student Services may then immediately have the student temporarily removed from campus.
    The Vice President shall notify the President in writing of the student involved and the nature of the infraction as soon as possible but no more than one (1) working day following the incident. Upon receipt of the Vice President’s written notice, the President shall meet with the student as soon as possible to allow the student to present his or her side. Depending and the nature of the allegations and the demonstrated behavior, the President may temporarily suspend the student pending the result of the disciplinary process.
  3. Student Due Process (For issues related to discrimination, harassment and sexual-based violence, see Procedure 4.15.2)
    The following due process procedures shall apply in student disciplinary matters.
    1. Upon concluding an investigation into the matter, the Vice President for Student Services shall present the student with a written notice of charges that provide a description of the alleged violations and short factual summary. The notice shall also include recommended disciplinary action. If the student accepts the recommended disciplinary action, the matter will be closed. If the student is not satisfied with the Vice President’s recommendation, with five business days’ receipt of the recommendation, the student may request, in writing to the President, a Judicial Board hearing.
    2. Upon receipt of the student’s request, the President shall convene a Judicial Board to hear the matter. The Judicial Board shall consist of three members: a Vice President (but not the Vice President for Student Services) who shall serve as the Chair; one faculty member appointed by the President who is not an interested party in the issue to be heard; and the President of the Student Government Association (SGA) or his/her designee who is also a member of the SGA.
    3. The hearing shall be scheduled within ten business days of receipt of the student’s written request for a hearing.
    4. Within five business days, the student must inform the President whether s/he will have legal counsel present. If the student does not provide timely notice, the Chair may continue the hearing until the College’s attorney can be present. The student is allowed to have legal counsel present but only in an advisory capacity. Legal counsel will not be allowed to address the Judicial Board. The College’s attorney will serve as procedural officer.
    5. The Judicial Board hearing procedure shall be as follows:
      1. The Chair shall introduce all present.
      2. The student shall have the opportunity to present evidence and witnesses in support of his or her case. The Judicial Board shall have the opportunity to question the student and, if applicable, his or her witnesses.
      3. The College administrator and/or other College representatives will present their evidence and witnesses in support of their case. The Judicial Board shall have the opportunity to question the administrator and/or other College representatives and, if applicable, their witnesses.
      4. Both sides will have the opportunity to make a closing statement.
      5. The Judicial Board shall deliberate in closed session. The College attorney may sit with the Judicial Board and provide legal advice should such advice be necessary. The North Carolina Rules of Evidence do not apply and all relevant evidence shall be included in the official record; however, in reaching its decision, the Judicial Board shall weigh and consider the credibility of the presented evidence.
      6. The Judicial Board hearing shall be audio recorded and that recording shall serve as the official hearing minutes.
      7. Within five business days of the hearing, the Chair shall, in writing, summarize the Judicial Board decision and send a copy to the parties and to the President.
    6. If any of the parties are not satisfied with the Judicial Board’s decision, they may, within ten business days of the date of the decision, appeal, in writing, to the President. The Vice President for Student Services shall accept the appeal on behalf of the President. The President shall review the official record and the hearing minutes. If, after his or her initial review, the President needs additional information, he or she may ask the parties to supplement the official record by responding to his or her additional questions. Within ten business days of receipt of the party’s appeal, or an additional five business days after the official record has been supplemented, the President shall issue his or her final decision to affirm, reject, or modify the Judicial Board’s decision. A written copy of the President’s decision shall be sent to both parties. The President’s decision shall be final, subject only to the student’s right of appeal to the Board of Trustees. Any appeal of the President’s decision must be submitted, in writing, to the Board of Trustees, within ten business days of the date of that decision.
    7. For an appeal to the Board of Trustees, a panel of the Board, as designated by the Chair, shall conduct an “on the record review” of the evidence presented at the Judicial Hearing. Within ten (10) business after receipt of the student’s appeal, unless the parties agree to a continuance, the Board panel shall meet and the President shall be granted an opportunity to address the Board panel in closed session. The student will also be given the same opportunity to address the Board panel. No new evidence shall be presented to the Board panel. The Board Attorney shall serve as the procedural officer. The Board panel will make a determination and inform the student in writing within five (5) business days.