Student Code of Conduct, Academic Appeal, and Grievance Procedure
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. Academic Misconduct:
Plagiarizing, cheating, or committing any other form of academic misconduct including, but not limited to, unauthorized collaboration, falsification of information, and/or helping someone else violate reasonable standards for academic behavior. Students who engage in any type of academic dishonesty are subject to both academic consequences as determined by the instructor and to disciplinary action as outlined in the Community College of Aurora disciplinary procedures.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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: https://www.cccs.edu/wp-content/uploads/2013/09/SP-4-120a.pdf
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.
Use, being under the influence, manufacturing, possession, cultivatingdistribution, 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.
10. 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.
11. Leaving Children Unattended:
Leaving children unattended or unsupervised in campus buildings or on campus grounds unless enrolled or participating in authorized campus activities.
12. 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.
13. 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.
14. 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.
15. 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.
16. Unauthorized Pets/Animals:
Possession of any unauthorized pet or animal, excluding trained service animals while on college-owned or college-controlled property.
17. Tampering with Student Organization, Election, or Vote:
Tampering with the process of any college recognized student organization, election or vote.
18. 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.
19. 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
20. 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.
The procedure applies to students within the Colorado Community College System (CCCS).
Students are expected to adhere to the Student Code of Conduct and policies and procedures of the College. If a student is charged with violating his/her College’s Code, these are the procedures to be used in resolving the charge.
Code of Conduct: A document developed and published by each college which defines prescribed conduct of students.
Student: All persons taking courses at or sponsored by the College(s), both full-time and part-time, pursuing both undergraduate credit and non-credit courses and those concurrently attending secondary or post secondary institutions and College. Persons who are not officially enrolled for a specific term, but who have a continuing relationship with the college are considered students.
Jurisdiction: College jurisdiction applies to student conduct which occurs on or off campus including while a student or organization is participating in College-sponsored activities such as study abroad and student travel programs. The College may adjudicate off campus conduct when the continued presence of the student is likely to interfere with the educational process or the orderly operation of the campus; is likely to endanger the health, safety or welfare of the College community; or the offense committed by the student is of such a serious nature as to adversely affect the student’s suitability as a member of the College community. The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. In relevant cases, the student’s use of electronic media in violating a standard of conduct may be considered in the adjudication process regardless of where the electronic media originated.
Chief Student Services Officer (CSSO): 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 CSSO 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 working 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 him/her that he/she is 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.
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.
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.
1. Suspension is a separation that shall not exceed three academic terms per suspension for any singular offense or situation. While a student is suspended, he or she is not eligible for admission or re-admission at any of the community colleges within CCCS. Additionally, if a student is suspended at any of the other Auraria Campus Institutions (i.e., Metropolitan State University of Denver or the University of Colorado Denver), he or she will not be eligible for admission or re-admission at the Community College of Denver (CCD). Once the suspension is lifted at any of the community colleges within CCCS, the student may be 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 CSSO or designee in accordance with this procedure.
2. 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. Additionally, if a student is expelled at any of the other Auraria Campus Institutions (i.e., Metropolitan State University of Denver or the University of Colorado Denver), he or she will not be eligible for admission or re-admission at CCD.
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.
3. Interim Action: An immediate action taken by the CSSO 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 action, the hearing before the CSSO or designee shall occur as soon as possible following the interim action. 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 action will be removed from the student’s record.
The CSSO or designee shall receive all allegations of student misconduct, investigate the complaints, which includes meeting with the student to give him/her 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 CSSO or designee shall render a sanction decision.
The CSSO 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 CSSO 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 his/her right to appeal the Decision, subject to the grounds below, by filing a written appeal with the CSSO or designee within seven (7) days of service of the Decision.
In the event of an appeal, the CSSO 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 CSSO 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 CSSO or designee with instructions to reconvene to cure the error. In rare cases, where the procedural or substantive error cannot be cured by the CSSO 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 CSSO 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 CSSO 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 CSSO, designee, or Title IX/EO Coordinator is not appealable.
The procedures governing the hearing of appeals include the following:
Special Discipline Process Provisions
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
Academic Dishonesty Instructional
Policy on Academic Dishonesty
Academic dishonesty includes cheating and plagiarism. Cheating is the unauthorized use of assistance with intent to deceive an instructor or any other individual responsible for evaluating a student’s work. The following are examples of unethical actions:
1. Submission of any materials not prepared by students but presented as their own.
2. The unauthorized possession and/or use of notes, books or the soliciting of assistance from another student during an examination.
3. Illegitimate possession or distribution of examinations, test materials, and/or answer keys to tests and examinations.
Plagiarism refers to the use of another person’s work without giving proper credit to that person. A student must give proper credit through the use of appropriate citation format when (a) copying verbatim another person’s work (e.g., words, phrases, sentences or entire passages); (b) paraphrasing another person’s work (i.e., borrowing but rewording that person’s facts, opinions or ideas); and (c) summarizing another’s work (i.e., use of one’s own words to condense longer passages into a sentence or two).
Consequence of Academic Dishonesty
When dishonesty is evident, the following minimum sanctions will be applied:
1. First offense: The student may receive an F or Zero as the grade for the assignment. In addition, the first incident may result in the loss of testing privileges in the Learning Resource Center for the current and next semester in which the student is enrolled in the college. The student’s name is added to the college wide academic dishonesty database by the associate dean of instruction.
2. Second offense: The student may receive an F for the course and may be expelled from the class. A second offense may also result in permanent loss of testing privileges in the Learning Resource Center.
3. Third offense: The student may receive an F for the course and may be expelled from the college.
Procedures for Reporting Alleged Dishonesty
1. The instructor or Testing Proctor who suspects a student of dishonesty must notify the student as quickly as possible after the alleged infraction. The instructor or Testing Proctor will collect all pertinent materials. The Testing Proctor will not make any decisions regarding the suspected dishonesty incident but will report it to the instructor. The instructor will discuss the suspected incident with the division chair. If the instructor and chair jointly decide that there is sufficient evidence to substantiate the allegation, the chair will report the incident to the Associate Dean of Instruction.
2. A student may appeal the cheating allegation according to the CCA Policy Procedure entitled Student Academic Appeals.
A student wishing to contest the final grade issued for a course is encouraged to first discuss the grade with the instructor, and then, if necessary, with the instructor’s department chair. If no resolution comes from these discussions, the student may formally appeal the grade by submitting a written statement to the division dean explaining the problem. The dean will investigate and respond in writing within 15 days. The student must initiate an appeal regarding a final grade within 60 calendar days after the end of the semester in which the grade was awarded.