Student Code of Conduct and Grievance Procedures
Student Code of Conduct and Grievance Procedures
Conduct that violates student rights and freedoms, and is subject to
disciplinary action includes, but is not limited to:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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)
- 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.
- 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.
- 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.
- Leaving
Children Unattended: Leaving children unattended or unsupervised in
campus buildings or on campus grounds unless enrolled or participating in
authorized campus activities.
- 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.
- 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.
- 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.
- 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.
- Unauthorized
Pets/Animals: Possession of any unauthorized pet or animal, excluding
trained service animals while on college-owned or college-controlled property.
- Tampering
with Student Organization, Election, or Vote: Tampering with the process of
any college recognized student organization, election or vote.
- 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.
- 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
- Unauthorized
Entry into College Events:Entering or attempting to enter any
college-sponsored activity without proper credentials for admission.
Definitions
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): 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.
- Warning: A Notice
served upon the student advising them that they are violating or has violated
College regulations.
- 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.
- 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.
- College Suspension: 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: 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.
- Other disciplinary sanctions: 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.
Procedures
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:
- 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
- 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 complainant. 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:
- A procedural or
substantive error occurred that significantly impacted the outcome of the
hearing (e.g. substantiated bias, material deviation from established
procedures); or
- 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.
All Special Grievance Process Provisions also apply to Student Grievance Procedures.