BOARD POLICY HANDBOOK: APPENDICES
APPENDIX 3: STUDENT RIGHTS

STUDENT RIGHTS, FREEDOMS AND RESPONSIBILITIES

TABLE OF CONTENTS

ROGUE COMMUNITY COLLEGE
STUDENT RIGHTS, FREEDOMS AND RESPONSIBILITIES STATEMENT
To request this document in an alternate format, please contact the Counseling Department.

PREAMBLE

Rogue Community College (RCC) provides an environment, which encourages teaching and learning. The college is dedicated to the open exchange of knowledge and skills, growth in student capacity for critical thinking and development of ethically‑sensitive, responsible students. The college recognizes that all individuals and groups at the college have dignity and worth.

Teaching and learning are inseparable aspects of academic freedom. Standards of academic freedom for students as outlined below are essential. At the same time, students have certain responsibilities for performance and conduct. Students' enrollment (or attempted enrollment) implies their acceptance of the responsibility to comply with college policies and procedures.

PURPOSE

The basic purposes of the Student Rights, Freedoms and Responsibilities Statement (the “Statement”) are to (1) identify fundamental provisions for students' freedom to learn, (2) identify student conduct guidelines, and (3) clarify expectations for student responsibility as expected by members of the college community.

I. ACCESS TO THE COLLEGE AND EDUCATION

Rogue Community College believes in an open‑door philosophy and, within the limits of its resources, shall be open to all students who are qualified according to current admissions requirements. The college complies with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1992 and other applicable laws and regulations. The college does not discriminate on the basis of race, color, religion, age, sex, national origin, disability, marital status, parental status, veteran status, or sexual orientation in policies, procedures, or practices.

II. THE CLASSROOM

In the classroom and in conference with students, the instructor should include opportunity for free discussion, inquiry and expression related to course content. Student academic performance shall be evaluated solely on an academic basis, not on opinions or conduct in matters not related to curricular standards.

A. Protection of Freedom of Expression

Students are free to take reasoned exception to the material or views offered in any course at an appropriate time and in a non-disruptive manner. Students may reserve judgment about matters of opinion. However, students are responsible for satisfactory attendance and learning the content of any course in which they are enrolled and may expect their instructors to help them accomplish the goal of learning.

B. Protection Against Improper Academic Evaluation

Academic evaluation of student performance by instructors shall be based on academic performance and under no circumstances be prejudicial or capricious. At the same time, students are responsible for maintaining the standards of academic performance established by instructors for the courses in which they are enrolled. Each instructor shall give students clearly stated written criteria for evaluation. To appeal an academic evaluation (grade), a student starts the process by discussing the grade method in question with the instructor. If this process is not satisfactory, the student may continue the inquiry by filing a Petition to Change Academic Record. Forms for this purpose are available in the Admissions Offices.

C. Protection Against Improper Disclosure

Information about individual student views, beliefs and political associations, which RCC staff acquire in the course of their work as employees is typically considered confidential. Judgments of student ability and character may be provided under appropriate circumstances, e.g., recommendations for scholarships, employment, program admission, or other related academic issues.

III. STUDENT RECORDS

The Family Educational Rights and Privacy Act (FERPA) provides for the protection of student records. Consistent with FERPA, RCC has published a separate procedure identifying information which is considered part of a student's educational record, conditions for its disclosure, and security practices which control access to such records as may be available for review or electronic transmission.
The college accumulates data and keeps records in order to plan educational activities that meet the needs of students and to effectively advise and counsel them. Student records are used to promote instruction, guidance and educational progress.

Academic and disciplinary records shall be maintained separately to minimize the risk of improper disclosure. Academic transcripts contain only information about academic status. No records will reflect the political activities or beliefs of students. Instructors and administrative staff shall not divulge confidential information about students, which they acquire in the course of their work.

IV. STUDENT RIGHTS

The college maintains certain standards to protect the rights of students through the procedures below:

A. Freedom of Association

Students bring to RCC a variety of interests. They develop new interests as members of the college community. They may organize and join collegiate associations to promote their common interests, subject to the following considerations:

1. The membership, policies, and actions of a student organization typically are determined by the vote of those individuals who hold bona fide membership in the college community. Some student organizations may also use guidelines of regional or national groups, e.g., Phi Theta Kappa.

2. As a condition of institutional recognition, student organizations are required to submit to the Associated Students of Rogue Community College (ASRCC) Executive Council a statement of purpose, criteria for membership, operational procedures, current list of officers and number of active members.

3. Student organizations typically choose their own college advisor, although some may be assigned, e.g., Phi Theta Kappa. Clubs chartered by ASRCC must have an advisor who is an RCC employee. College staff members serve the college community when they accept the responsibility to advise student organizations. In the course of such duties, the advisors have an obligation to protect the general interests of the college.

4. Student organizations, including those affiliated with an external organization, are open to all students without regard to race, color, religion, age, sex, national origin, disability, marital status, parental status, veteran status, or sexual orientation. However, organization criteria may limit membership options, e.g., grade point average.

B. Freedom of Inquiry and Expression

1. Students and student organizations may examine and discuss all questions of interest to them and express opinions publicly and privately. They may support causes by orderly means, which do not disrupt college operations. At the same time, it should be made clear to the academic and larger community that, in their public expression, students and/or student organizations speak for themselves and not as representatives of the college or college community.

2. Students and student organizations may invite individuals as presenters for forums outside of classes; however, the time, place and manner of the presentation must be in accordance with College Board Policy (VII.C.060: Students, Student Government/ Activities, Guest Speakers). Guest speakers and presenters, individuals or groups, who may disagree with the speakers shall not disrupt college operations. It should be made clear to the college and larger community that student sponsorship of guest presenters does not necessarily imply approval or endorsement of the views expressed either by the sponsoring group or the college.

V. FREEDOM FROM SEXUAL DISCRIMINATION AND HARASSMENT

Students shall have freedom from sexual discrimination and harassment consistent with Title IX of the 1972 Educational Amendments. It is the policy of RCC not to discriminate on the basis of sex in its educational programs, services and activities. Students are protected from sexual discrimination in the following areas: admission to the college; academic, vocational, developmental and community education programs; enrollment in any courses; access to and use of college facilities; academic advising and counseling; intramural and extramural athletics; commencement and graduation requirements and activities; student policies, procedures and benefits; treatment as a married or pregnant student; financial aid; student employment; and college‑sponsored extracurricular activities, student clubs and organizations.

Students are protected from all forms of sexual and other harassment as delineated in the RCC Human Rights Policy, An Affirmation adopted by the RCC Board of Education in 1997 and amended/approved in 1999. (See Appendix 1, RCC Board Policy Handbook). The college intends that all employees and students shall work and learn in an environment free from discrimination, including harassment. The RCC Human Rights Policy is consistent with the guidelines of the Equal Employment Opportunity Commission. All forms of harassment are prohibited with the goal of creating a positive learning and working environment.

Sexual harassment complaints may be taken to a member of the RCC Sexual Harassment Resource Network. Members of the network are listed in the current schedule of classes.

VI. STUDENT PARTICIPATION IN INSTITUTIONAL GOVERNMENT

As members of the college community, students are free to express their views on issues of institutional policy and matters of general interest to the student body. Students may participate in formulating and applying policies and procedures affecting academic and student affairs through student government as well as college councils and committees. As citizens, students may make presentations to the Board of Education under the provisions of ORS 192.630.

VII. STUDENT PUBLICATIONS

Student publications and the student press are valuable aids in establishing and maintaining an atmosphere of free and responsible discussion and intellectual exploration at the college. They are a means of bringing student concerns to the attention of the faculty and college authorities and of formulating student opinion on various issues in the college, community and world at large.

RCC is legally the publisher of all recognized student publications. College authorities, in consultation with students, may provide written clarification of the role of student publications, standards used in evaluation, and degrees of operational control. At the same time, the editorial freedom granted by the college to student editors and managers entails accompanying responsibilities to be covered by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity and the techniques of harassment and innuendo. The Code of Ethics of the Society of Professional Journalists, Sigma Delta Chi, shall be adopted and used. College staff advisors have the responsibility to review copy to protect the institution from legal actions relating to obscenity, criminal or civil libel, or copyright infringement.

In addition to the rights contained in current student publication guidelines, the following provisions serve as safeguards for the editorial freedom and responsibility of student publications:

1. Student publications and the student press are free from censorship and advance approval of copy except staff advisor review as noted above. Student editors and managers, in consultation with their advisors, should develop written procedures for editorials and news coverage.
2. Student editors and managers of student publications are protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or content.
3. College recognized student publications shall explicitly state on the editorial page that the opinions expressed are not necessarily those of the college or student body.

VIII. OFF CAMPUS

A. Exercise of Rights of Citizenship

RCC students are both citizens and members of the college community.  As citizens, students have the same freedoms of speech, peaceful assembly and right to petition as other citizens.  As members of the college community, students are subject to the obligations, which accrue to them by virtue of this membership.  International students, though holding citizenship in another country, are considered members of the college community.

B. Institutional Authority and Civil Penalties

Activities of students may sometimes result in violation of law.  Students who violate the law may incur penalties prescribed by civil authorities; institutional authority is not used merely to duplicate the function of general laws.  The special authority of the college may be asserted at those times when its interests are involved.

IX. STUDENT CODE OF CONDUCT AND PROCEDURES

A. Code of Conduct.

As active learners, students at RCC have the responsibility and opportunity to engage in their own learning in order to master course outcomes and achieve success both in and out of the classroom. The RCC Student Code of Conduct ensures that each member of the RCC community has an opportunity to experience success. RCC provides an environment that encourages open, responsible and respectful exchange of opinions, ideas and information. As such, each student is expected to abide by the Student Code of Conduct (the "Code") as outlined below.

The following behaviors are prohibited by the Code of Conduct:

1. Defying institutional authority, engaging in willful disobedience or otherwise disrupting the educational process. This does not prohibit students from taking reasoned exception to material or views offered by instructors or others, or expressing views which are relevant to the instruction in an academically appropriate and reasoned manner.
2. Engaging in academic dishonesty including, but not limited to, cheating, plagiarizing, stealing examinations or course material, furnishing false information, or forging, altering, or misusing college documents, records, or identification.
3. Threatening the safety of themselves or others, disrupting the educational process, or otherwise violating college policy or procedure.
4. Engaging in disorderly, abusive, lewd, obscene, or violent behavior.
   
5. Stealing or damaging property of the college or of college community members.
   
6. Using college funds, college‑owned equipment, electronic resources or supplies for personal, pornographic or other unauthorized purpose.
   
7. Illegal or unauthorized distribution, possession, use or being under the influence of alcohol, illegal drugs or controlled substances on college property or at college sponsored or supervised functions.
   
8. Personal or any other unauthorized possession of explosives, firearms, dangerous chemicals, or other weapons on college property or at college-sponsored and supervised functions.
   
9. Physically or verbally abusing, coercing, menacing, threatening, intimidating, or otherwise harassing any member of the college community regardless of geographic location.

Interpretations of the above terms may be provided by reference to law and to college policy.

B. Procedures For Resolution of Alleged Violation of Student Code of Conduct

Complaints regarding alleged violation of the Student Code of Conduct will be reviewed and resolved using the procedures outlined below. If the review and/or investigation confirm the student’s violation of the Code, one or more disciplinary actions and sanctions listed in Section C will be imposed.

All documentation related to any such action would follow established filing procedures. These procedures will include written copies to the student and the chief student service officer, and a copy stored electronically in the RCC incident reporting database. Appropriate campus parties will be notified. Information about student disciplinary action is protected against improper disclosure and is not included in student academic records as per the Family Educational Rights and Privacy Act [FERPA] and amendments.

1. Direct Resolution: When any member of the college community believes that a student has violated one or more of the standards of the Code, s/he is encouraged to seek resolution directly with the student. If personal safety is at risk, contact 911 or campus security personnel. All staff are encouraged to file an incident report including resolution and/or action.

2. Campus Associate Dean for Student Development: If resolution cannot be reached in direct manner between the college community member and the student, the complainant may contact the campus associate dean for student development in writing or by e-mail within three (3) working days, stating the complaint, alleged violation of the Code and other relevant information. Within seven (7) working days of receiving the written notification from the college community member, the campus associate dean for student development will contact the student and other parties involved regarding the complaint and resolution. The associate dean may use multiple processes to help resolve the issue. S/he will review the issues and actions of the parties involved, propose resolution, and determine appropriate sanction(s) for the student. Established filing procedures will be followed.

3. Appeal to Campus Executive Dean: Students receiving written notice of disciplinary action for an alleged infringement of the Code have the right of final appeal in writing to the campus executive dean within seven (7) working days for review. Within ten (10) working days of receiving the student appeal, campus executive dean will review the complaint, investigation process, findings, and sanctions. The campus executive dean will consult with the other executive deans and the president in the review process to assure consistency and fairness within RCC. The review may include multiple processes with parties chosen by the College in resolving the issue. The campus executive dean will report his/her findings and conclusions of the final appeal to the student, complainant, and campus associate dean and established filing procedures will be followed.

C. Sanctions

One or more of the following sanctions may be imposed upon students who have violated the Student Code of Conduct. All documentation related to any such action will be subject to established filing procedures.

1)Reprimand: Any college staff member may initiate a reprimand with a verbal or written warning when a student’s specific conduct does not meet college standards and that continuation of such conduct will result in further disciplinary action. A copy of the incident report and written reprimand or documentation of verbal reprimand will be sent to the office of the campus associate dean for student development within two (2) working days. Established filing procedures will be followed.

2) Immediate Exclusion: Any college staff member may direct that a student be immediately excluded from Rogue Community College (RCC) privileges, activities, and/or property as deemed appropriate and necessary to ensure the safety and rights of students and staff. The staff member will inform the student of the requirement for a meeting with the campus associate dean for student development to determine attendance eligibility following immediate exclusion. The staff member will file a written incident report with the office of the campus associate dean for student development within one (1) class day following the exclusion. Within one class day after receiving the incident report, the campus associate dean for student development will contact the student and schedule a meeting. The purpose of the meeting is to:

• Share information and documentation regarding the incident and Student Code of Conduct
• Attempt to resolve the problem that led to exclusion so that the student may resume attendance
• Determine appropriate disciplinary action that may be imposed.

If the student fails to attend the meeting or to respond to the campus associate dean for student development’s request, the student forfeits all rights to resume attendance at RCC until such meeting occurs.

The campus associate dean for student development will communicate, in writing, to appropriate parties the disciplinary action and/or the conditions upon which the student may resume attendance at RCC. Established notification and filing procedures will be followed.

3)Disciplinary Probation: The campus associate dean for student development, or designee, may direct a student to comply with specific conditions or restrictions while in attendance at RCC, in addition to the Student Code of Conduct, for a specified period of time. The campus associate dean for student development will communicate the specific behavior leading to this sanction and the specific conditions or restrictions imposed for the specified period of time to the student in writing. The student will sign the document provided by the College and agree to abide by its terms or forfeit all rights to continue attendance at RCC. Established filing procedures will be followed.

4)Suspension: The campus associate dean for student development may direct a suspension defined as exclusion from RCC property, activities, and privileges for a fixed period of time appropriate to address the severity of the infraction. The campus associate dean shall provide written notice to the student and established filing procedures will be followed.

5)Expulsion: The may direct termination of student status and denial of further college privileges. Conditions of readmission, if any, will be listed in the letter of expulsion given as a notice to the student by the campus associate dean for student development. Established filing procedures will be followed.

6)Restitution: The campus associate dean for student development, in consultation with the executive dean and other parties involved, may direct restitution in addition to other disciplinary action. Restitution is defined as compensation or reimbursement for damage to or misappropriation of property, which may take the form of appropriate service to repair or otherwise compensate for damages. Conditions of restitution will be detailed in a letter to the student. Established filing procedures will be followed.

7)Other: The College may impose additional sanctions or forms of disciplinary action including, but not limited to, directives for student behavior or plans of action.

X. STUDENT GRIEVANCE PROCEDURE
If you need disability accommodations to successfully complete this process, contact the Support Services Department.

A. Explanation

The Student Grievance Procedure provides a way for students to seek resolution to decisions, conditions, and practices of Rogue Community College, its faculty or staff, which they allege are violations of the Student Rights, Freedoms and Responsibilities Statement as identified in the Statement or other published college policies and procedures. Harassment complaints shall be filed according to procedures in the college Human Rights Policy.

An alleged violation may be referred to as a "grievance" herein. As students pursue their educational goals, they will be treated with professionalism and respect by members of the college faculty or other staff members of the college (referred to herein as "staff"). Students shall not be retaliated against for filing a legitimate grievance.

The Student Grievance Procedure outlines the steps to resolve grievances. Students will attempt to resolve grievances with the faculty or staff member who is directly involved. Steps 1 and 2 below must be completed before proceeding to Step 3. It is intended that grievances be resolved at any point in the process when the parties involved can agree on a resolution. Established filing procedures will be followed.

Should the associate dean, executive dean, or chief student services officer and/or another staff member directly involved in facilitating the grievance procedure be the object of a student grievance, the college president will appoint a replacement.

Students with a grievance shall follow the procedures and time lines outlined below.

B. Procedure

Step 1 - Direct Resolution
The student discusses the issue with the faculty or other staff member who is directly involved and attempts to find resolution within a timely manner. The student may discuss alternatives with a counselor, an academic advisor, an officer of the Associated Students of Rogue Community College, or an appropriate campus associate dean.

Step 2 - Resolution With Department Head/Supervisor
If the issue is not resolved directly with the college staff member, the student discusses the issue and seeks a resolution with the staff member’s department head or immediate supervisor, e.g., manager, director, campus associate dean. The student may choose to be accompanied by a support person during these discussions.  Appropriate written documentation will be maintained by the college staff member, department head, and/or supervisor. If no resolution is reached at Step 2, the student/grievant has ten (10) working days to move to Step 3 and request a Student Grievance Form as described in Step 3.1

Step 3 - Resolution With Associate Dean
A. If the issue is not resolved by discussions or the campus associate dean in Step 1 or 2, the student may request a Student Grievance Form and information about filing a grievance from the office of the appropriate campus associate dean or an RCC counselor. The signed and completed form shall be submitted to the office of the appropriate campus associate dean within five (5) working days after receipt of the form. The Student Grievance Form requires a statement of proposed resolution of the grievance.

B. Within seven (7) working days of receipt of the Student Grievance Form, the appropriate campus associate dean contacts the parties involved, provides them a copy of the completed Student Grievance Form, and attempts to clarify the issue and arrive at a solution which is mutually satisfactory to the student and employee. During the campus associate dean’s investigation, the persons involved may include a representative or other person with first‑hand knowledge of the issue. If resolution is reached, the campus associate dean will summarize the action in writing for the student grievant and college employee and enter it in the electronic incident reporting system.

Step 4 - Appeal Process
A. If resolution is not reached, the student has the right of final appeal of the issue to the campus executive dean. The final appeal process requires the student to prepare and deliver a written appeal request to the campus executive dean within seven (7) working days after the campus associate dean gives notice to the student of the result of the investigation. The written appeal request must include an explanation of why the issue remains unresolved and provide a specific proposed remedy to the grievance.

B. Within ten (10) working days of receiving the student appeal, the campus executive dean will review the grievance, investigation process, and proposed resolutions. The campus executive dean will consult with the other executive deans and the RCC president in the review process to assure consistency within RCC. The review may include, but not be limited to, an interview of the student grievant, college staff member and/or other witnesses. The campus executive dean will report his/her findings and conclusions of the final appeal review to the student grievant, college staff member(s) involved, and the campus associate dean with a written and signed document also filed according to established filing procedure.

The Student Code of Conduct and Procedures can be found on the RCC Website in the Students, Rights, Freedoms and Responsibilities Statement at http://www.roguecc.edu/BoardPolicies/appendix_3.htm  under the Rights and Responsibilities heading.

Student Grievance Forms and Incident Forms may be obtained in the counseling center or on the RCC Website at https://intranet.roguecc.edu/  under the Forms heading.

 

Approved:  February 1994
Revised:  September 2005
Approved by E-Council:  September 12, 2005