Code of Conduct
CODE OF CONDUCT
ACC recognizes that its chief responsibility to the community is education. Our Code of Conduct is designed to facilitate an awareness of this community context and to provide meaning to all our lives. Education is primary, as it should be within any educational institution. The Code provides for fair due process, and emphasizes the issuance of sanctions that are positive. Behaviors which interfere with the ongoing daily educational purposes of the college may require intervention and/or disciplinary action. With this in mind, we as a community believe that students enrolling at ACC assume an obligation to conduct themselves in a manner compatible with the functions of the college as an educational institution. While college may present certain stressful situations, it is expected that students will be able to maintain an adequate level of self-control.
The College Code of Conduct prohibits engaging in the following behaviors and activities either while on campus or while representing the college elsewhere. It intends to educate individuals regarding the nature of communities and provide opportunities to learn and express positive behavior within those larger contexts. In addition, students and student organizations should always be free to support causes by orderly means which do not disrupt the regular and essential operation of the institution. Nevertheless, in any demonstrations or public expressions of opinion, students or student organizations speak only for themselves.
I. Infractions of the Code include but are not limited to the following:
A. Dishonesty, such as cheating or plagiarism.
B. Falsifying information to the College, such as forgery, alterations or intentional misuse of College documents, records, or identification.
C. Obstruction or disruption of any College activities or insult of any person authorized or assigned to address student groups.
D. Aggressive physical contact and/or physical abuse of any person; or conduct which threatens or endangers health or safety.
E. Theft of, or damage to, college or personal property.
F. Non-compliance with ACC’s Computer Use Policy and Procedures.
G. Unauthorized or improper use of, or entry to, College facilities.
H. Violation of College policies concerning regulation of student organizations.
I. Disorderly, lewd, indecent, or obscene conduct or expression.
J. Harassment of any person, sexual or otherwise.
K. Failure to comply with directions of College employees acting in the performance of their duties.
L. Smoking in unauthorized locations.
M. Gambling in any form.
N. Presence on campus under the influence of alcohol.
O. Possession or use of alcoholic beverages on-campus at other than approved events and under approved conditions.
P. Sale, possession, exchange, or use of narcotics or illegal drugs in any form.
Q. Possession of firearms on-campus.
R. Recklessly or intentionally endangering mental or physical health or forcing consumption of alcohol or drugs for the purpose of initiation into or affiliation with any organization.
S. Persistent acts of willful disobedience or defiance toward college staff.
T. Breach of peace on college property or at college-sponsored events.
U. Willfully inciting others to commit any of the acts herein prohibited.
V. Any other charge deemed necessary by the Dean for Student Affairs.
II. Violations of the Code of Conduct
A. Academic violations of the Code of Conduct shall be referred to the Dean for Academic Affairs. All other violations shall be referred to the Dean for Student Affairs and/or the appropriate law enforcement agency.
B. The Dean for Academic Affairs and/or the Dean for Student Affairs may intervene or take disciplinary action, either when requested by a faculty member, staff member, Division Chairperson, or on his/her own accord, when student behavior is disruptive to learning or to campus activity or poses a threat to person or property.
C. All academic charges of Code infraction shall be submitted to the Dean for Academic Affairs. All other charges of Code infraction shall be submitted to the Dean for Student Affairs in writing and in complete detail. In the event that the Dean is a party to the charges, his/her duties shall be performed by some person designated by the Vice-President for Academic and Student Affairs.
D. Within five working days of the date of notice, the student shall be notified of the charges in writing and notified of the time and date to report to the office of either the Dean for Academic Affairs (in the case of academic/classroom violations) or the Dean for Student Affairs (for all other violations) and meet with such Dean regarding charges.
E. Pending action on charges, civil or College, the status of the student shall not be altered or his/her right to be present on the campus and to attend classes denied, except for reasons relating to the safety and well being of students, faculty and staff, or College property. The decision to alter student status under this section shall be made by the Dean for Academic Affairs (in the case of academic/classroom violations), or the Dean for Student Affairs (for all other violations), upon the approval of the Vice-President, and shall be final, pending action on the charges. Such decision shall be in writing and the reasons shall be set forth.
III. Procedure for Action by the Dean for Student Affairs/ Dean for Academic Affairs
A. The student will be advised of his/her rights in the proceedings and possible consequences.
B. An effort will be made to resolve the charges by mutual agreement. An effort will be made to agree on appropriate action where warranted.
C. Within five working days of the meeting, the Dean for Academic Affairs (in the case of academic/classroom violations), or the Dean for Student Affairs (for all other violations) will either dismiss the charges or take appropriate action and provide written notice to the student. Action can include, but is not limited to, oral or written reprimand and warning; administrative withdrawal from a course or courses with a “W” or “X” grade; suspension or leave of absence; or permanent dismissal.
D. The following policy applies to the actions described:
1. Oral or written reprimand and warning: no transcript record will be made.
2. Administrative withdrawal: transcript will carry a record of “W”, but no record of disciplinary action; decision to impose an administrative withdrawal will be made by the Dean for Student Affairs or Dean for Academic Affairs.
3. Leave of absence: student may not attend classes for a period specified by the Dean for Academic Affairs or Dean for Student Affairs; student must request approval for resumption of schedule and is not exempt from any course work requirements; grades of “W” or “F” may be assigned; transcript will carry no record of leave of absence.
4. Suspension: student will not be allowed to re-enroll until one full semester has passed; grades of “W” or “F” will be determined by the Dean for Student Affairs or Dean for Academic Affairs and instructors; student must request permission of the Dean imposing the sanction to re-enroll; the Dean may set terms for re-enrollment; the transcript will carry no record of disciplinary action.
5. Dismissal: student is permanently dismissed from the College and may not re-enroll; grades for the semester in which the action took place may be “W” or “F”; student may not receive a degree or certificate from ACC; transcript will carry no record of disciplinary action.
E. Action taken by the Dean for Student Affairs or Dean for Academic Affairs shall constitute a final resolution of the case unless the student submits a request for a hearing, in writing, within five working days of the date of the action taken.
F. If the student so requests, an appointment will be made to appear before the Student Disciplinary Review Board for a hearing. Within ten working days of his/her request for a hearing, the student shall receive a written response stating the date and time of the hearing.
IV. Student Disciplinary Review Board
A. The Student Disciplinary Review board shall consist of three students, three full-time faculty members, and the Vice-President for Academic and Student Affairs or his/her designee. The chairperson of the Disciplinary Review Board will be the Vice-President for Academic and Student Affairs or the designee. The Dean bringing forth the appeal will attend hearings as a non-voting member. Action of the board shall be determined by a simple majority vote.
B. The Student Disciplinary Review Board will be impartial, and no member will be either a witness against the student or a person previously involved in formulating the charge.
V. Procedure for Hearing Before the Student Disciplinary Review Board
A. The Chairperson of the Student Disciplinary Review Board shall preside at the hearing. The hearing does not follow trial court procedure.
B. The student has the following rights:
1. to present his/her side of the story.
2. to present relevant witnesses and evidence on his/her behalf. Character references shall not be heard.
3. to examine witnesses presenting evidence against the student.
4. to remain silent without assumption of guilt.
C. The Board shall examine all relevant facts and circumstances without regard to the technical rules of evidence.
D. A transcript will be kept to enable review of the proceedings. This will be kept by the Office of the Vice-President for Academic and Student Affairs.
E. The student shall be allowed to appear with a campus advocate of his/her choice. Such advocate may be chosen by the student, or assigned by the Vice-President for Academic and Student Affairs, if necessary. The advocate will be a member of the College’s faculty or staff, and is not permitted to speak (except to the student) during the hearing. If the student does not appear, the action determined by the Dean bringing forth the charges shall be implemented.
F. The student will have a full opportunity to question witnesses who appear against him/her at the hearing. A list of all witnesses will be provided to the student charged before the hearing, and statements of witnesses, for and against, who are not able to appear at the hearing will be in writing, made available to the student at the time of the hearing and will be considered at the hearing. During the hearing the student will have the opportunity to make statements in response to written statements submitted against him/her.
G. The student shall have the right to summon witnesses to support his/her position, but such witnesses may be interviewed in advance of the hearing by the Dean for Student Affairs and/or the Chairperson of the Student Disciplinary Review Board.
H. The decision of the Review Board concerning the current sanction shall be in writing and submitted to the student via United States certified mail within five days of the hearing. It shall be based solely on evidence given in the hearing and shall constitute a decision which will be final unless the action is suspension or dismissal and an appeal is made by the student under Section VI of these provisions.
VI. Appeal to the President of the College
A. In those cases where a determination is made for suspension or dismissal of the student from the college, the student may make an appeal to the President.
B. The appeal to the President shall be made in writing within 30 days of receiving the written determination from the Review Board. This letter shall set forth the reasons why, in the opinion of the student, the determination of the Board of Review should not be carried out and specifically setting forth the grounds for such appeal.
C. Transcript of the Board of Review hearing shall be made available to the President.
D. Following submission of a written appeal and at the request of the student, a meeting to discuss circumstances of suspension or dismissal may be scheduled with the President and appropriate administrators.
E. The President of the College, after receipt of such appeal, shall make a final adjudication and determination in the matter. The student, the appropriate Dean, and the Student Disciplinary Review Board shall be notified of the final decision in writing within fifteen working days from the date the written appeal is submitted.
