/Institutions/Community-College-of-Aurora/json/2017-2018/2017-2018-Catalog-local.json

/Institutions/Community-College-of-Aurora/json/2017-2018/2017-2018-Catalog.json

Student Code of Conduct and Grievance Procedures

Students need to conduct themselves in a manner compatible with the college’s function as an educational institution. CCA expects each student to obey the federal, state, and municipal laws, as well as college regulations.

Any act which interferes with the learning process, rights of others, disrupts or impairs the normal functioning of the college, damages or destroys property, or impairs health or safety is grounds for disciplinary action. Examples of misconduct subject to disciplinary action and associated procedures may be found online at http://www.ccaurora.edu/students/student-right-know/code-of-conduct.

Student Code of Conduct and Grievance Procedures

Upon enrolling at the college, you assume an obligation to conduct yourself in a manner compatible with the college's function as a public educational institution. CCA expects each student to obey federal, state, and municipal laws as well as college regulations. In addition, students must adhere to the State Board for Community Colleges and Occupational Education Board Policies, the Colorado Community College System President’s Procedures, and the CCA Student Code of Conduct explained below.

Any act which interferes with the learning process, rights of others, disrupts or impairs the normal functioning of the college, damages or destroys property, or impairs health or safety is grounds for disciplinary action. Conduct that violates student rights and freedoms and is subject to disciplinary action includes, but is not limited to:

1. Disruptive Behavior: Engaging in any disruptive behavior that negatively affects or impedes teaching or learning (regardless of mode of delivery or class setting); or disrupts the general operation of the college.
2. Deceitful Acts: Engaging in deceitful acts, including, but not limited to: forgery, falsification, alteration, misrepresentation, non-disclosure, or misuse of documents, records, identification and/or educational materials.
3. Conduct that is Detrimental to College or to Safety: Conduct that is deemed detrimental, harmful and/or damaging to the college and/or that jeopardizes the safety of others as determined by the Chief Student Affairs Officer (CSAO) or designee.  Examples include, but are not limited to, slamming doors, throwing chairs, and/or defacing of college property, or property of others.
4. Physical/Non-physical Abuse:
   • Physical abuse or conduct that threatens or endangers another person’s health or safety.
   • Non-physical abuse, threats, intimidation, coercion, influence, or any unwelcome conduct in any form that is sufficiently severe, pervasive or persistent that it alters the conditions of the learning environment or employment.
   • Knowingly falsifying, publishing or distributing, in any form, material that tends to impeach the honesty, integrity, virtue or reputation of another person.
5. Harassment and/or Discrimination:Discrimination or harassment on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation.
6. Sexual Misconduct: Sexual Misconduct offenses include, but are not limited to Sexual Harassment, Non-Consensual Sexual Contact (or attempts to commit same), Non-Consensual Sexual Intercourse (or attempts to commit same), and/or Sexual Exploitation.  (See SP 4-120a for more information: http://www.cccs.edu/SBCCOE/Policies/SP/PDF/SP4-120a.pdf)
7. Weapons: Possession or distribution of any unauthorized firearms, ammunition, explosives, fireworks and/or other dangerous weapons (or chemicals/flammable liquids) or use/threat of use of any instrument (including, but not limited to paint ball guns, pellet guns, air soft guns, bow and arrows, knives) as a weapon to intimidate, harass, or cause harm to others.
8. Narcotics/Alcohol: Use, being under the influence, manufacturing, possession, cultivating distribution, purchase, or sale of alcohol and/or drugs (illegal and/or dangerous or controlled substance) and/or alcohol/drug paraphernalia while on college owned or college controlled property, and/or at any function authorized or supervised by the college and/or in state owned or leased vehicles.  Note: Although possession and use of marijuana consistent with the requirements of the Colorado Constitution is no longer a crime in the State of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college owned or college controlled property, and/or any function authorized or supervised by the college and/or in state owned or leased vehicles.
9. Dress Code: Dress or personal hygiene that fails to meet the established safety or health standards of specific classes or activities offered by the college. 
10. Leaving Children Unattended:  Leaving children unattended or unsupervised in campus buildings or on campus grounds unless enrolled or participating in authorized campus activities.
11. Violation of Laws, Directives, and Signage:
    • Violations of any municipal, county, state or federal law that adversely impacts the conditions of the educational or employment environment. Violations of college traffic and parking rules, regulations, or signage.
    • Damage to or falsely using fire alarms and/or fire extinguishers.
    • Creating an intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian or vehicular.  This includes, but is not limited to leading or inciting disruption to college activities. 
    • Failure to comply with the lawful directives of College employees acting within the scope of their duties, including those directives issued by a College administrator to ensure the safety and wellbeing of others.
    • Violations of college policies, protocols, procedures or signage.
12. Illegal Gambling: Participation in illegal gambling activities on college owned or college controlled property, and/or any function authorized or supervised by the college and/or in state owned or leased vehicles.
13. Unauthorized Entry and/or Unauthorized Possession: Entry into, or use of any building, room, or other college-owned or college-controlled property, grounds, or activities without authorized approval.  This also includes, but is not limited to the unauthorized possession, duplication or use of college keys, lock combinations, access codes, and access cards and/or credentials and/or propping open or tampering with doors/windows.
14. Unacceptable Use of College Equipment, Network or System: Unacceptable uses of any college-owned or operated equipment, network or system including, but not limited to: knowingly spreading computer viruses; reposting personal communications without author’s consent; copying protected materials; using the network for financial or personal gain, commercial activity, or illegal activity; accessing the network using another individual’s account; unauthorized downloading/uploading software and/or digital video or music; downloading/uploading, viewing or displaying pornographic content, or any other attempt to compromise network integrity.
15. Unauthorized Pets/Animals: Possession of any unauthorized pet or animal, excluding trained service animals while on college-owned or college-controlled property.
16. Tampering with Student Organization, Election, or Vote: Tampering with the process of any college recognized student organization, election or vote.
17. Group or Organization Conduct: Students who are members of a college recognized student organization or group and commit a violation of SCOC may be accountable both as an individual and as a member of the student organization.
18. Abuse of the Student Disciplinary and/or Grievance Procedure: Abuse of the Student Disciplinary and/or Grievance Procedure includes, but is not limited to the following:
    • Disruption or interference with the orderly conduct of the student disciplinary / grievance procedure.
    • Falsification, distortion, or misrepresentation, or knowingly pursuing malicious, frivolous, or fraudulent charges.
    • Attempting to discourage an individual’s proper participation in, or use of, the student disciplinary / grievance procedure.
    • Attempting to influence the impartiality of a participant and/or the student disciplinary / grievance procedure. 
    • Harassment (verbal or physical) and/or intimidation of a participant in the student disciplinary / grievance procedure.
    • Failure to comply with directives and/or sanctions imposed under student disciplinary / grievance procedure.
    • Influencing or attempting to influence another person to commit an abuse of the student disciplinary / grievance procedure.
    • Engaging in retaliatory acts in any form against any person or person(s) involved in the student disciplinary / grievance procedure
19. Unauthorized Entry into College Events:Entering or attempting to enter any college-sponsored activity without proper credentials for admission.

Please note:  In most circumstances, the college will treat attempts to commit code of conduct violations as if those attempts had been completed.

Violations of the above may result in, but are not limited to fines, restitution, community service, and/or disciplinary procedures.

Code of Conduct:  A document developed and published by each college which defines prescribed conduct of students.

Chief Student Affairs Officer (CSAO):  The individual designated by the college president to administer student affairs and be responsible for administering the College’s Student Conduct Code and this procedure. The CSAO may delegate student discipline to another individual (designee).

Title IX Coordinator(s) and Title VI and VII Coordinator(s) (EO Coordinator) is the employee(s) designated by the college president to oversee all civil rights complaints.

Notice:  Notices which are required to be given by this procedure shall be considered served upon the student when given by personal delivery, mailing by certified mail, or emailing the student to their official college email address requesting a delivery receipt notification.  If notice is mailed, student shall be given three (3) additional days to respond.

Day:  Refers to calendar day unless otherwise noted below.

Sanctions:  One or more of the following may be imposed when there is a finding that a student has violated the College’s Code of Conduct.

1. Warning:  A Notice served upon the student advising them that they are violating or has violated College regulations.
2. Probation:  After a finding of violation of the Code of Conduct, restriction of student’s privileges for a designated period of time including the probability of more severe disciplinary sanctions if the student is found to be violating any College regulations during the probationary period.
3. Other disciplinary sanction:  fines, restitution, denial of privileges, assignment to perform services for the benefit of the college or community; or other sanction that doesn’t result in the student being denied the right of attending classes.
4. College suspension or expulsion:  An involuntary separation of the student from the College for misconduct not based on academic performance for a specified period of time.
   • Suspension is a separation that shall not exceed three academic terms per suspension for any singular offense or situation.  While a student is suspended, they are not eligible for admission or re-admission at any of the community colleges within CCCS. Once the suspension is lifted the student is eligible for admission or re-admission.
   • Examples of suspension include, but are not limited to the following:  the college, a department or program, a class, residence hall, use of a college facility or an activity. 
   • Students may be suspended from one class period by the responsible faculty member or adjunct instructor.  Longer suspensions can only be implemented by the CSAO or designee in accordance with this procedure. 
   • Expulsion is an indefinite separation from the college. The student is not eligible for admission or re-admission at any of the community colleges within CCCS. In exceptional cases where a student wants to be considered for admission or re-admission after an expulsion has been implemented, the student bears the burden to prove the behavior that resulted in the expulsion has been resolved. It is within the college’s discretion to admit or deny the student. 
5. Interim Suspension:  An immediate action taken by the CSAO to ensure the safety and well-being of members of the college community; preservation of college property; or if the student poses a definite threat of disruption or interference to others or the normal operations of the college.  In the event of an interim suspension, the hearing before the CSAO or designee shall occur as soon as possible following the interim suspension. If the college issues a permanent sanction, the student shall be afforded appeal rights as discussed below.  If the college does not implement a permanent sanction, the interim suspension will be removed from the student’s record. 

Procedures

Decision

The CSAO or designee shall receive all allegations of student misconduct and investigate the complaints, which includes meeting with the student to give them the opportunity to respond to the allegations of misconduct.  If the allegations of misconduct are discrimination and/or harassment based on federal or state civil rights laws, the college will investigate those incidents through the Civil Rights Grievance and Investigation Process, System President’s Procedure (SP) 4-31a.

Once the investigation is complete, either through this process or the Civil Rights Grievance and Investigation process, the CSAO or designee shall render a sanction decision.

The CSAO or designee may decide that the charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to them.  If an administrative resolution is not achieved, the CSAO or designee shall issue a decision which determines whether the alleged conduct occurred; whether the conduct violated the Code of Conduct or College procedures; and impose a sanction(s) if appropriate. The student shall receive written notice of the decision and be advised of their right to appeal the Decision, subject to the grounds below, by filing a written appeal with the CSAO or designee within seven (7) days of service of the Decision.

Appeal

In the event of an appeal, the CSAO or designee shall give written notice to the other party (e.g., if the accused student appeals, the appeal is shared with the complainant who may also wish to file a response), and then the CSAO or designee will draft a response memorandum (also shared with all parties).  All appeals and responses are then forwarded to the appeals officer or committee for initial review to determine if the appeal meets the limited grounds and is timely.  The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final.  If the appeal has standing, the documentation is forwarded for consideration. Because the original finding and sanction are presumed to have been decided reasonably and appropriately, the party appealing the decision must specifically cite the error(s) in the original determination on which the appeal is based.  The ONLY grounds for appeal are as follows:

1. A material procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures); which must be explained in the written appeal; or
2. To consider new evidence, unavailable during the investigation or hearing that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written appeal, as well as the reasons the new evidence was not available during the original proceeding. 

If the appeals officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the CSAO or designee with instructions to reconvene to cure the error.  In rare cases, where the procedural or substantive error cannot be cured by the CSAO or designee in cases of bias, the appeals officer or committee may order a new hearing be held by a different individual acting in the place of the designated CSAO or designee.  The results of a reconvened hearing cannot be appealed.  The results of a new hearing can be appealed, once, on the two applicable grounds for appeals.

If the appeals officer or committee determines that new evidence should be considered, it will return the complaint to the CSAO or designee to reconsider in light of the new evidence, only.  If the subject matter pertains to discrimination and/or harassment pursuant to SP 4-31a, the appeals officer or committee will return the complaint to the Title IX/EO Coordinator to reconsider in light of the new evidence, only. The reconsideration of the CSAO, designee, or Title IX/EO Coordinator is not appealable.

The procedures governing the hearing of appeals include the following:

• All parties should be timely informed of the status of  requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
• If the appeals officer or committee determines there is new evidence or error in the original proceeding, every opportunity to return the appeal to the CSAO or designee for reconsideration (remand) should be pursued;
• Appeals are not intended to be full rehearings of the complaint (de novo).  In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
• An appeal is not an opportunity for an appeals officer or committee to substitute their judgment for that of the CSAO or designee merely because they disagree with its finding and/or sanctions. 
• Appeals decisions are to be deferential to the original decision, making changes to the findings only where there is clear error and a compelling justification to do so.
• Sanctions imposed are implemented immediately unless the CSAO or designee stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
• The appeals officer or committee will render a written decision on the appeal to all parties within four (4) days from receiving the appeal request.  The committee’s decision to deny appeal requests is final. 

Special Discipline Process Provisions

• In the event that the student is under the age of eighteen or incapacitated, they may have an advisor present to assist them in presenting their case.
• Students do not have the right to be represented by an attorney or law student during these proceedings except in the case where civil or criminal actions concerning the student are pending and in that case the attorney’s role shall be advisory only.
• The student is responsible for presenting their own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except when the student is under the age of eighteen or incapacitated. 
• Student shall have the right to identify documents, witnesses and other material they would like the CSAO or designee to review before making a final decision.
• Any hearing held shall be conducted in private unless all parties agree otherwise. 
• A record of the hearing should be maintained by the CSAO or designee.
• If student has a disability and would like to request an accommodation to assist them through the discipline process they may do so by informing the CSAO or designee. The CSAO or designee will then work with disability support services to accommodate the request.
• Jurisdiction-College disciplinary proceedings may be instituted against a student charged with violation of a law if the violation occurred at the College or college-sanctioned activities or was of such a nature to have an impact on the college and the violation is also a violation of the college’s student code of conduct.
• Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
• Standard of proof-the college will use the preponderance of evidence standard in the disciplinary proceedings, meaning, the college will determine whether it is more likely than not a conduct code was violated.
• All sanctions imposed by the original decision maker will be in effect during the appeal.  A request may be made to the CSAO or designee for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand.  Graduation, study abroad, internships/externships/clinical placements, etc. do not in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal.  In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
• The procedural rights afforded to students above may be waived by the student.

Retaliatory Acts

It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident(s) of code of conduct violations or any employee or student who testifies, assists or participates in the discipline proceeding, investigation or hearing relating to such allegation(s) of code of conduct violations.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately. 

Student Grievance Procedures (SP 4-31)

Basis

This Student Grievance Procedure is intended to allow students an opportunity to present an issue which they feel warrants action, including the right to secure educational benefits and services.

If the basis of the claim is discrimination and/ or harassment based on federal or state civil rights laws, the student must file a grievance under the Civil Rights Grievance and Investigation Process. If the accused (respondent) is a student, please refer to SP 4-31a. If the respondent is a CCCS employee, please refer to SP 3-50a.

Definitions

Complainant(s) is a person who is subject to alleged inequity as it applies to Board Policies, System President’s Procedures, or College Procedures. For purposes of this procedure, a complainant is student who was enrolled at the time of the alleged incident.

Respondent(s) is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be a CCCS employee(s), student(s) who was enrolled at the time of the alleged incident, authorized volunteer(s), guest(s), visitor(s), or college.

Grievance: A grievable offense is any alleged action which violates or inequitably applies State Board Policies, System President’s Procedures, and College Procedures. The complainant must be personally affected by such violation or inequitable action.

Non-grievable matters: The following matters are not grievable under this procedure except as noted: matters over which the college is without authority to act; grades and other academic decisions unless there is an allegation that the decision was motivated by discrimination and/or harassment which should be filed under the appropriate Civil Rights Grievance and Investigation Process.

Chief Student Affairs Officer (CSAO): The college employee designated by the college president to administer student grievances. The CSAO may delegate the responsibility over student grievances to another person.

Notice: Notices which are required to be given by this procedure shall be considered served upon the student when given by personal delivery, mailing by certified mail, or email with receipt notification to the address the student has filed with the College’s admissions and records office. If notice is mailed, student shall be given three (3) additional days to respond.

Day: Refers to calendar day unless otherwise noted below.

Remedy: The relief that the Grievant is requesting.

Filing a Complaint

All complaints shall be made as promptly as possible after the occurrence. A delay in reporting may be reasonable under some circumstances; however, an unreasonable delay in reporting is an appropriate consideration in evaluating the merits of a complaint or report.

Procedures

Students must timely submit all grievances in writing by accessing the online form available at http://www.ccaurora.edu/about-cca/right-know/complaint-policy-procedure/form. The grievance should clearly and concisely describe the alleged incident(s), when and where it occurred, and the desired remedy sought. The grievance should be signed by the initiator or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the grievant. Any supporting documentation and evidence should be referenced within the body of the formal grievance. Additionally, the initiator of a formal grievance should submit any supporting materials in writing as quickly as is practicable.

The complainant’s supporting documentation should clearly demonstrate all informal efforts, if any, to resolve the issue(s) with the person involved and the person's supervisor. This includes names, dates and times of attempted or actual contact along with a description of the discussion and the manner of communication made in the course of each effort. If contacting the person involved and/or the supervisor is impracticable, the complainant should state the reasons why.

The CCCS community benefits from informal and formal procedures that encourage prompt resolution of complaints and concerns students may have about the implementation of policies and procedures that govern the institution.

Informal Grievance Process

Complainant is encouraged to resolve the issue with the Respondent through the informal process. The CSAO or designee shall facilitate the informal process. If the informal grievance process is unsuccessful, or if CCCS or the complainant chooses not to pursue the informal process, the CSAO will open a formal grievance case.

Formal Grievance Process

Complainant must timely file a written statement of the actions complained of and describe the remedy they are seeking with the CSAO. A matter could also be referred to this process by the College president or their designee. Once a written grievance is filed or referred, the CSAO or designee will determine whether or not the situation states a grievable offense. The matter will be closed if the situation is determined not grievable and the Complainant will be notified of the reasons.

If the matter is determined to be grievable, the CSAO will request a meeting (hearing) with both the complainant and respondent. Both parties will be given the opportunity to discuss the allegations of the grievance and may offer any documentation, witnesses, or other materials in support of the complaint. During this hearing, neither party may have a representative, including attorneys or law students. These procedures are entirely administrative in nature and are not considered legal proceedings.

No audio or video recording of any kind other than as required by institutional procedure is permitted.

The CSAO may also contact or request a meeting with relevant college staff, students, or others as part of the investigation.

At the CSAO’s discretion, the CSAO may discontinue meetings with anyone that is causing a disruption to the process or is being uncooperative, and will proceed to make a determination based on the information known at that time.

Based on the preponderance of evidence, the CSAO shall issue a decision, in writing, to both the complainant and respondent. The decision shall reject or grant the grievance and make recommendation(s) to resolve the issue(s). The complainant and respondent shall be advised of their right to appeal the decision, subject to the grounds below, by filing a written appeal with the CSAO within seven (7) days of service of the Decision.

In the event of an appeal, the CSAO shall give written notice to the other party to allow them the opportunity to submit a response in writing. The CSAO will also draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the appeals officer or committee for initial review to determine if the appeal meets the limited grounds and is timely. The original finding will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is forwarded for consideration. The party requesting appeal must show error as the original finding is presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:

1. A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures); or
2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding. A summary of this new evidence and its potential impact must be included in the written appeal.

If the appeals officer or committee determines that new evidence should be considered, it will return the complaint to the CSAO to reconsider in light of the new evidence, only.

If the appeals officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the CSAO with instructions to reconvene the hearing to cure the error. In rare cases, where the procedural or substantive error cannot be cured by the CSAO in cases of bias, the appeals officer or committee may order a new hearing be held by a different individual acting in the place of the designated CSAO. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the two applicable grounds for appeals.

Special Grievance Process Provisions

In the event that the student is under the age of eighteen or incapacitated, they may have an advisor present to assist them in presenting their case.

Students do not have the right to be represented by an attorney or law student during these proceedings except in the case where civil or criminal actions concerning the student are pending and in that case the attorney’s role shall be advisory only.

The student is responsible for presenting their own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except when the student is under the age of eighteen or incapacitated.

Student shall have the right to identify documents, witnesses and other material they would like the CSAO to review before making a final decision.

Any hearing held shall be conducted in private unless all parties agree otherwise.

A record of the hearing should be maintained by the CSAO.

If student has a disability and would like to request an accommodation to assist them through the grievance process they may do so by informing the CSAO. The CSAO will then work with disability support services to accommodate the request.

If the grievance is against the CSAO, the Chief Academic Officer or other person designated by the president shall perform the duties of the CSAO.

Jurisdiction-College grievance proceedings may be instituted over incidences that occur or are related to College or college-sanctioned activities or was of such a nature to impact upon the college.

Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

Standard of proof- The college will use the preponderance of evidence standard in the grievance proceedings, meaning, the college will determine whether it is more likely than not the complainant was subjected to inequity as it applies to Board Policies, System President’s Procedures, or College procedures.

The procedural rights afforded to students above may be waived by the student.

Retaliatory Acts

It is a violation of the grievance procedure to engage in retaliatory acts against any employee or student who files a grievance or any employee or student who testifies, assists or participates in the grievance proceeding, investigation or hearing relating to such grievance.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.