Student Rights & Responsibilities

• Introduction
• Student Rights
• Student Responsibilities
• Student Code of Conduct
• Implementation of Disciplinary Procedures
• Conduct Standards
• Discretion to Warn or Temporarily Remove
• Interim Actions/Restrictions
• Disciplinary Procedures
• Sanctions
• Appeals Procedure
• Definitions
• Effect of Failure to Comply with Time Requirements or Voluntary Withdrawal
• Gaston College Conduct Violation Form

Introduction

Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the community. Students should exercise their freedom with responsibility. As members of the academic community, students are held responsible for actions that support the educational process. As members of the larger community, students are entitled to all rights and protection accorded them by federal, state and local laws. Students are also subject to the enforcement of these laws which is the responsibility of duly constituted authorities. When students violate laws, they may incur penalties prescribed by legal authorities. When students violate College regulations, they are subject to disciplinary action by the College whether or not their conduct violates the law. If a student’s behavior simultaneously violates both College regulations and the law, the College may take disciplinary action independent of that taken by legal authorities.

Student Rights

1. Students shall enjoy all the rights and privileges guaranteed to every citizen by the Constitution of the United States and by the State of North Carolina.
2. Students are free to pursue their educational goals through appropriate opportunities for learning in the classroom and on the campus. Student performance will be evaluated on an academic basis, not on opinions or conduct in matters unrelated to academic standards.
3. Students have the right to freedom of expression, inquiry, and assembly without restraint or censorship subject to reasonable and non-discriminatory rules and regulations regarding time, place, and manner.
4. Students have the right to inquire about and to propose improvements in policies, regulations and procedures affecting their welfare through established student government procedures, campus committees, and College officials.

Student Responsibilities

Gaston College has established a set of regulations, policies, and standards in order to provide an academic environment that will promote quality education and assure compliance with state, federal, accreditation, and certification directives and statutes.

Students are responsible for the proper completion of their academic programs based upon the requirements stated in the Gaston College Catalog and Student Handbook in conjunction with the current schedule. Faculty members, staff members, counselors, and administrators are available to help students with planning, but the responsibility of fulfilling all requirements rests upon the student.

Class Attendance and Participation

The instructional work of the college is designed for class participation and attendance. The responsibility for class participation and attendance is placed specifically on the individual student. Official college requirements are based on a 90% participation rate. Therefore, if a student has failed to participate in 10% or more of the scheduled class hours or learning activities, a student may be withdrawn by the instructor or assigned a grade of “F” up until the published withdrawal date. For students violating participation requirements after the published withdrawal date, a grade of “F” may be assigned by the instructor. Once an instructor has posted a grade, the student no longer has an option to withdraw from that class.

This policy does not remove the right of faculty to reward or penalize students for participation and attendance issues at any point during the semester. Please review course-specific instructions related to attendance to ensure compliance with stated requirements for this class. Faculty may enforce an alternate policy where required by divisional or departmental practices, accreditation requirements, and other similar issues.

The student is responsible for all material covered in each course for which he or she is registered. In no instance does absence from class relieve the student of the responsibility for the performance of any part of the course work. The student is further responsible for initiating any request to make up work because of class absence. The decision to assist the student with make-up work, including tests, in every case rests with the instructor. The instructor may require verification of medical and personal circumstances presented by the student to influence this decision. Course work not made up may affect a student’s grade in the final evaluation since the instructor is not required to offer the student an opportunity to make up course work.

A student may seek reinstatement into class by submitting a written request to the instructor. If the request is denied, the student can petition for reinstatement directly to the Vice President for Academic Affairs, who will make a final ruling upon the petition. If the request is approved, a reinstatement form must be completed and submitted to the Records and Registration Office.

Standard of Honesty

Dishonesty, cheating, plagiarism, and knowingly furnishing false information to the College are regarded as serious offenses. It is expected that cases of Academic Dishonesty and Integrity will first be considered at the department faculty level; then the matter will follow procedures in accordance with the Student Code of Conduct. Students should review their course syllabi for more information on Academic Dishonesty and Integrity.

Student Code of Conduct

All students have the right to a safe, peaceful, quality and honest educational environment. Therefore, when in the judgment of College officials, a student’s conduct disrupts or threatens to disrupt the College community, appropriate disciplinary action will be taken to restore and protect the mission, safety, peace, and integrity of the College.

Students are expected to conduct themselves in accordance with generally accepted standards of scholarship and conduct. The purpose of the Student Code of Conduct is not to restrict student freedoms but to protect the rights of individuals in their academic pursuits.

Implementation of Disciplinary Procedures

The Dean of Student Development is designated by the Vice President for Student Affairs to implement Student Code of Conduct disciplinary procedures. The Dean of Student Development serves as the Student Conduct Officer in disciplinary investigations. Other administrators may be designated to serve as the Student Conduct Officer in the absence of the Dean of Student Development. Annual training will be provided for Student Conduct Officers and Judiciary Committee Pool members on issues related to sexual harassment; and sexual assault, stalking, dating and domestic violence (collectively referred to as “sexual harassment”) addressed through Student Code of Conduct disciplinary procedures. This includes how to conduct an investigation and hearing process to protect the safety of victims and promote accountability.

Conduct Standards

The actions identified below are specifically prohibited at Gaston College. Students are responsible for having read and abiding by the provisions of the Student Code of Conduct.

1. Dishonesty - Students may not cheat, fabricate and falsify information, submit the same assignment multiple times, plagiarize, or be a part of academic dishonesty. Students cannot knowingly provide false information to the College, forge and alter or misuse College documents, accounts, records, or instruments of identification. Dishonesty will not be tolerated in any transactions or interactions including the Student Code of Conduct process and other College proceedings. (Please see Academic Honesty & Integrity, Appendix C of the Catalog and Student Handbook.)
2. Violation of Safety Practices - The failure to adhere to or follow established safety practices, including engaging in unsafe acts, jeopardizing the health or safety of others, or failure to wear or use safety equipment.
3. Theft and Damage to Property - Students may not steal, damage or misuse College property or the property of anyone on College premises or during any College-sponsored activity off campus.
4. Trespassing - Students may not enter or be present on College property or in a College facility or any portion thereof where entry or presence has been restricted, denied, or is unauthorized.
5. Indecent Behavior - Students may not exhibit lewd or indecent behavior on College property or at College-sponsored or College-supervised functions.
6. Inappropriate Behavior - Students may not engage in behavior or any form of expression which interferes with the learning process, peace, and order of the College. Not following an instructor’s classroom policies, being disruptive in or outside the classroom, and using threatening language are some examples of inappropriate behavior.
7. Mental or Physical Abuse - Students may not strike or threaten to strike a person or engage in verbal or physical actions that threaten or endanger the health, safety or welfare of a person or persons.
8. Sexual Harassment - Students may not discriminate on the basis of sex. This includes sexual harassment; and sexual assault, stalking, dating and domestic violence (collectively referred to as “sexual harassment”). Sexual harassment complaints that do not fall within the scope of the College’s Title IX and Sexual Harassment Policy may be addressed through Student Code of Conduct disciplinary procedures. (Please see Title IX and Sexual Harassment Policy, Appendix F of the Catalog and Student Handbook.)
9. Unlawful Discrimination and Harassment - Students may not discriminate or harass another individual based on race, color, national origin, religion, sex, sexual orientation, gender, gender identity or expression, pregnancy, disability, genetic information, age, or veterans’ status. (Please see Unlawful Discrimination and Harassment Policy in Appendix N of the Catalog and Student Handbook.)
10. Disruption - Students may not participate in or conduct an assembly in a manner which threatens or causes injury to persons or property; which interferes with free access to College facilities; which is harmful, obstructive or disruptive to the learning environment and the overall mission and functions of the College.
11. Unattended Children - Students are not allowed to bring children to class or computer labs; only registered adults are authorized to be in a classroom while class is in progress. Minor children should not be unattended, and students are strongly discouraged from bringing them to Gaston College. The College does not assume responsibility for unattended children.
12. Misuse of Communication Technologies - Students may not use communication technologies (e-mail, telephones, social media, voice mail, fax machines, etc.) to communicate threatening, indecent, abusive, sexually harassing or otherwise disruptive communication to College employees or students.
13. Weapon Possession - Students may not possess or carry any weapon on College property including firearms, explosives, BB guns, stun guns, air rifles or pistols, sling shots, and knives or other sharp instruments. The only exceptions are for law enforcement and military personnel in the discharge of their official duties or as otherwise permitted by law, for ceremonial or educational purposes, or when tools such as knives are used for construction, maintenance, or food preparation.
14. Setting False Alarms - Students may not set off a fire alarm or tamper with any fire safety equipment except with reasonable belief that there is an emergency.
15. Classroom Misuse of Electronic Communication Devices - Students may not use devices, such as telephones and other communication devices, in the classroom, during labs, and test-taking situations unless otherwise instructed. (The only exception will be for on-call emergency personnel i.e., EMS, police, fire, who are required to notify their classroom instructor of their need for such devices at the beginning of the term and provide documentation verifying their occupation.)
16. Misuse of Computers - Students may not damage College computer hardware and software, gain unauthorized access to remote sites, and/or view sexually explicit, pornographic or other inappropriate material. (Please see the Electronic Resources Acceptable Use Policy, Appendix G of the Catalog and Student Handbook.)
17. Gambling - Students may not gamble on College premises or at College-sponsored or College-supervised functions.
18. Use of Tobacco Products - Students may not smoke or use other forms of tobacco products on College property and at College events. (Please see the Tobacco-Free Campus Policy, Appendix L of the Catalog and Student Handbook.)
19. Use or Possession of Drugs and Alcohol - Students may not manufacture, distribute, dispense, possess, use, or be under the influence of a controlled substance or alcohol on College premises or as a part of any College-sponsored activity. (Please see the Drug-Free Campus Policy - Students, Appendix D of the Catalog and Student Handbook.)
20. Failure to Comply - Students may not fail to comply with the directives of College officials or law enforcement officers during the performance of their duties and/or fail to identify themselves to these persons when requested to do so. Failing to respond to a notice of conduct charges is also prohibited.
21. Fiscal Irresponsibility - Students may not fail to pay College-levied fines or pass worthless checks to College officials.
22. Improper Use of a Vehicle - Students may not violate College regulations regarding the operation and parking of motor vehicles. (Please refer to Traffic and Parking in the Campus Police and Safety Section of the Catalog and Student Handbook.)
23. Violation of College Policies or Regulations - Students may not violate any College policy, College regulation, or the terms of disciplinary probation.
24. Legal Violations - Students may not violate a local, state, or federal law.

Discretion to Warn or Temporarily Remove

If a student’s conduct significantly disrupts the learning environment, poses an immediate or continuing threat to the health or well-being of any member of the academic community, or interferes with the activities of the College, an instructor or administrative officer has the discretion to warn the student against violating the Student Code of Conduct or remove the student from one class period or activity for the duration of that specific class or activity. No disciplinary sanctions other than such a warning or temporary removal may be imposed upon any student except in accordance with this policy.

The instructor or administrative officer invoking such temporary removal shall file a charge in accordance with the Disciplinary Procedures section below with the Student Conduct Officer within one working day following the incident. The Student Conduct Officer shall resolve the matter in a timely fashion utilizing the steps outlined below in the Disciplinary Procedures section.

Interim Actions/Restrictions

The Student Conduct Officer may impose restrictions and/or interim suspend a student from the campus community pending the scheduling of a meeting on an alleged violation(s) of the Student Code of Conduct. This may occur when a student represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve College property and/or to prevent disruption of, or interference with, the normal operations of the College. The College reserves the right to take any interim action needed to protect the rights of students and to maintain a safe campus. Such actions may include, but are not limited to, modification of academic schedules, no contact orders, and interim suspension.

During an interim suspension, a student may be denied access to the College campus, facilities, and events. As determined appropriate by the Student Conduct Officer, this restriction may include classes and/or all other College activities or privileges for which the student might otherwise be eligible. At the discretion of the Student Conduct Officer and with the approval of, and collaboration with, the appropriate Academic Administrators, alternative coursework options may be pursued to ensure as minimal impact as possible on the accused student.

Disciplinary Procedures

The following procedures shall be followed in order to provide prompt, fair, and impartial investigations and resolutions for student disciplinary cases. Concerns involving unlawful harassment and sexual misconduct should be reported to the College’s Title IX Coordinator or Deputy Title IX Coordinator. See the College’s Title IX webpage for contact and resource information.

1. Charges: Any administrative official, faculty, staff, or student may file charges with the Student Conduct Officer (Dean of Student Development and Support Services, or another designee) against any student or student organization for violations of College regulations. The individual(s) filing the charges is expected to provide complete and truthful information throughout the disciplinary process and should submit a Conduct Violation Form or a written statement which includes:
   1. name of the student(s) involved;
   2. name(s) of other person(s) directly involved or witnesses to the incident(s);
   3. a description of the incident(s), including the time, place, and date of the incident(s);
   4. the specific code(s) of conduct violated; and
   5. any action taken that is related to the matter.
2. Preliminary Investigation and Decision: Within ten (10) working days after the charge is filed, the Student Conduct Officer shall conduct a preliminary investigation of the charge(s), which shall include a meeting with the respondent and other witnesses. In sexual harassment cases not covered by the College’s Title IX and Sexual Harassment Policy, both the complainant and the respondent may have one support person present during these proceedings. Both parties must provide the name of the support person at least three days prior to any meetings. A support person may only serve as an observer and may not participate unless requested to do so by the person (s) designated to conduct the meeting.
   
   During the meeting with the Student Conduct Officer, the respondent shall be told the evidence against them and shall be given the opportunity to respond. In instances where the respondent cannot be reached to schedule an appointment with the Student Conduct Officer, or where the respondent refuses to cooperate, the Student Conduct Officer shall send a certified letter to the respondent’s last known address which shall inform the respondent of the charges, the results of the preliminary investigation, the decision, and the appeals process. The Student Conduct Officer’s decision is based upon a preponderance of evidence.
    
3. Generally, the Student Conduct Officer shall send the respondent a decision by certified mail, return receipt requested, within fifteen (15) working days after the charge is filed.
4. If the Student Conduct Officer determines that the respondent has violated the Student Code, the decision shall include:
   1. a statement of the specific provision(s) of the Student Code that the respondent violated;
   2. a statement of sanctions imposed;
   3. a statement of the respondent’s right to appeal the decision; and
   4. instructions governing the appeals process (Appeals Procedure).
5. If the Student Conduct Officer determines that the respondent did not violate a provision of the Student Code of Conduct, then the decision shall state the charge has been dismissed.
6. In sexual harassment cases not covered by the College’s Title IX and Sexual Harassment Policy, both the complainant and the respondent will receive simultaneous written notification of the complaint. Both parties have the right to appeal the outcome. If neither party appeals, the initial outcome becomes final.
7. The Student Conduct Officer shall send a copy of the statement of the charge and the decision to the College President/College President designee and other College officials on a need-to-know basis.