STUDENT CODE OF CONDUCT
Student Rights and Responsibilities
Students at Nassau Community College assume an obligation to conduct themselves in a manner compatible with the function of the College as an educational institution. Each student should be familiar with the College Catalog, which contains all rules and regulations of the College and is a binding contract with the student. By enrolling at the College, students agree to abide by the Rules and Regulations of the Student Code of Conduct developed in part by the students of the institution and endorsed by the Academic Senate, the College administration, and the Board of Trustees.
Fundamental Fairness Rights of Students Accused of Violating the Code of Conduct
Fundamental Fairness Rights of Alleged Victims
Sexual Harassment Policy
It is the policy of Nassau Community College to establish an environment in which the dignity and worth of all members of the institutional community are respected. In keeping with this principle, the sexual harassment of students or employees is considered unacceptable conduct and will not be tolerated.
Sexual Harassment is a serious violation of campus policy and can result in disciplinary action. Sexual harassment subverts the mission of the College and undermines the educational process. It creates an atmosphere that is not conducive to learning or productivity.
Guidelines of Title VII of the Civil Rights Act focus upon sexual harassment as an unlawful practice. Sexual harassment, like harassment on the basis of color, race, religion, or national origin, has been recognized by the Equal Employment Opportunity Commission as a violation of Section 703 of Title VII of the Civil Rights Act. Interpretations of Title IX of the Education Amendments similarly delineate sexual harassment as discriminatory and unlawful.
Sexual Harassment is a violation of Title IX of the Education Amendments of 1972, which prohibits sex discrimination in education. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where grades or educational progress are made contingent upon submission to such conduct, or where the conduct has the purpose or effect of interfering with the individual’s academic performance or of creating an intimidating, hostile, or offensive educational environment.
The College’s complete Sexual Harassment Policy, including procedures for bringing complaints, can be found on the College website, within thesection entitled “Administrative Policy Manual”, available here. Hard copies can also be picked up from the Affirmative Action Office.
Bias and Discrimination
Nassau Community College is a broadly diversified institution, committed to recognizing diversity and pluralism of values and beliefs on campus. The College condemns bias and all other acts of hatred and violence. Furthermore, the College condemns all evils of bigotry, discrimination, harassment, physical violence and/or any form of abuse based on race, ethnicity, national origin, disability, age, gender, or sexual orientation.
Nassau Community College is committed to all provisions of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and other human rights and equal opportunity laws. These laws include prohibitions of discrimination in employment and educational programs and services. Title VII of the 1964 Civil Rights Act bans discrimination because of race, color, sex, religion or national origin.
As applied to post secondary education, Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. Sec. 794, as amended by Section 111(a) of the Rehabilitation Act amendments of 1974) prohibits discrimination on the basis of handicap. Section 504 contains several specific provisions similar to those prohibiting sex discrimination under Title IX.
Affirmation Action Officer/Section 504 Coordinator (516) 572-7747 Tower 818 NASSAU COMMUNITY COLLEGE
Rules and Regulations of Conduct
Preamble
The College is committed to providing an atmosphere in which students have freedom to learn and engage in the search for truth, knowledge, and reason in accordance with the standards set forth by the academic community. Conduct that adversely affects a student’s responsible membership in the academic community shall result in appropriate disciplinary action.
Statement of Policy
As an educational institution of higher education, Nassau Community College seeks to provide the best educational environment for its students, faculty, and staff. It is mindful that academic freedom is an essential element o f college life.
To carry out its goal the College requires each student to obey the rules and regulations established by the College set forth herein, and all local, state, and federal laws. The College will not tolerate deliberate disruptive words, actions, violence or physical interference with the rights of any member of our College community or with any of the facilities of the College, or with any authorized functions being carried out on the College campus or at any college sponsored event.
Therefore, in furthering the educational aims of the College and in compliance with the provisions of Article 129-A of the Education Law of the State of New York, the following rules and regulations concerning conduct on the College campus or at any college sponsored event, the use of College property, the means of enforcement, and penalties for any violations thereof are hereby established.
Nothing contained herein shall be construed to limit or restrict freedom of speech or of peaceful assembly.
Section I: The Student Code of Conduct
The Student Code of Conduct as set forth below applies specifically to student behavior. Student rights are basic to the freedom to learn and must be based on mutual respect and responsibility. In addition, when a student enrolls at Nassau Community College, he/she agrees to abide by all College regulations. Therefore, violations of any section of the Code of Conduct shall result in appropriate disciplinary action.
A. Physical Violence. Acts of physical violence will not be tolerated. A student who initiates physical violence against any member of the College community will face the harshest of penalties, including the likelihood of expulsion from the College.
B. Criminal violations. A student who is convicted of violating a criminal law may be subject to summary suspension or expulsion from the College.
C. Maintenance of Public Order. The President of the College or his/her representative shall have the authority and responsibility to take whatever steps are necessary to carry out the mandate of the following rules and regulations in the interest and for the welfare of the College community and of the citizens of the County of Nassau. Violations of the following regulations, whether such violations are carried out individually or in concert, are extremely serious in nature. Such violations will constitute cause for immediate suspension and/or ejection from the campus and may also subject the violator to whatever penalties may be imposed by appropriate college and/or civil authorities. These violations may include:
D. Infractions of the Code of Conduct. Infractions of the Code of Conduct shall include, but are not limited to, the following:
The Dean, Assistant, or Associate Dean of Students will use his/her discretion in determining whether the alleged violation could warrant suspension or expulsion.
E. False Accusations. The College recognizes that the question of whether a particular conduct constitutes a violation of the Student Code of Conduct requires factual determination. The College also recognizes that false accusations have serious effects on innocent persons. If it becomes clear that a person who has accused another of a violation has maliciously or recklessly made a false accusation, the accuser will be considered in violation of the Student Code of Conduct. It is important to note, however, that the fact that a complaint is not substantiated or is determined not to constitute a violation does not mean that the complaint was maliciously or recklessly made.
Section II: Procedures for Dealing with Infractions of the Student Code of Conduct
The College will respond to violators of its Code of Conduct using the procedures listed below. At all stages of these proceedings, the College will proceed expeditiously. However, the time limits specified in the following sections may be extended due to extraordinary extenuating circumstances. For procedural issues not specified in this document, refer to Roberts Rules of Order.
All records pertaining to charges and hearings are confidential to the extent allowed by law and shall be maintained as such. Throughout the proceedings the students’ right to privacy shall be maintained to the extent allowed by law.
A. Filing of Charges
B. Presentation of Charges
C. Code of Conduct Hearing Committee
1. Jurisdiction and Procedures of the Committee
2. Membership of the Committee
- b. The Chair of the Code of Conduct Hearing Committee shall be the Chair of the Academic Senate’s Student Code of Conduct Committee. In his/her absence, an Acting Chair will be elected by a simple majority of voting members present at the hearing. The Chair or Acting Chair will conduct the hearing and rule on questions of procedure.
c. The Assistant or Associate Dean of Students, or his or her designee, will present the case.
3. Definitions
- a. A quorum shall be five (5) members of the committee, with at least one member from each of the three constituent groups: students,
administrators, and faculty members.- b. Decisions will be determined by a simple majority of voting members present at the hearing. If a simple majority vote cannot be secured, the case shall be forwarded to the Dean of Students for adjudication.
4. Limitations
- a. Any member who feels unable to approach a case in a spirit of neutrality may ask to be excused from hearing the case. The Chair or Acting Chair of the Committee will appoint alternates as required to meet a quorum.
- b. Any member whom the Committee feels cannot approach a case in a spirit of neutrality will be questioned on the matter by the Committee, and if neutrality is not established, that member will be asked by the Committee, on the basis of a simple majority of voting members present at the hearing, not to hear the case. The Chair or Acting Chair of the Committee will appoint alternates as required to meet a quorum.
D. Adjudication of Charges
1. Charges that could result in sanctions other than suspension or expulsion.
- a. As indicated above, the Dean of Students will hear cases that the Assistant or Associate Dean of Students believes could result in sanctions other than suspension or expulsion. At the hearing, the Dean of Students will consider evidence presented by the accused student(s), the victim(s)/accuser(s), the Assistant or Associate Dean of Students, and any other witnesses whose testimony the Dean of Students believes to be necessary. The accused student will have the right, with prior notification to the Dean of Students, to bring his/her own witnesses to the hearing.
- c. As a result of the hearing, the Dean of Students may:
i. negotiate a solution between the accused and the victim(s)/accuser(s);
ii. determine that no sanction should be imposed. In this case, the Dean of Students will notify the accused and the victim(s)/accuser(s) of his/her decision, in writing, within five (5) business days of the hearing. The victim(s)/accuser(s) will have the right to appeal the Dean of Students’ decision to the President of the College based on specific justifications for appeal listed in Section II, E (Appeal of Disciplinary Decisions). A request for an appeal must be presented to the President of the College within five (5) business days of receipt of the Dean of Students’ decision;
iii. determine that some sanction(s) should be imposed. In this case, the Dean of Students will notify the accused and the victim(s)/accuser(s) of his/her decision, in writing, within five (5) business days of the hearing. The student(s) receiving the sanction(s) will have the right to appeal the Dean of Students’ decision to the President of the College based on specific justifications for appeal listed in Section II, E (Appeal of Disciplinary Decisions). A request for an appeal must be presented to the President of the College within five (5) business days of receipt of the Dean of Students’ decision.
2. Charges that could result in suspension or expulsion.
i. determine that no sanction should be imposed. In this case, the Committee will notify the Assistant or Associate Dean of Students of its decision within 24 hours. The Assistant or Associate Dean of Students will notify the accused and the victim(s)/accuser(s) of the Committee’s decision, in writing, within five (5) business days of the hearing. The victim(s)/accuser(s) will have the right to appeal the Committee’s decision to the Dean of Students based on specific justifications for appeal listed in Section II, E (Appeal of Disciplinary Decisions). A request for an appeal must be presented to the Dean of Students within five (5) business days of receipt of the Committee’s decision.
ii. determine that a sanction should be imposed. In this case, the Committee will notify the Assistant or Associate Dean of Students of its decision within 24 hours. The Assistant or Associate Dean of Students will notify the accused and the victim(s)/accuser(s) of the Committee’s decision, in writing, within five (5) business days of the hearing. The student(s) receiving the sanction(s) will have the right to appeal the Committee’s decision to the Dean of Students based on specific justifications for appeal listed in Section II, E (Appeal of Disciplinary Decisions). A request for an appeal must be presented to the Dean of Students within five (5) business days of receipt of the Dean of Students’ decision.
E. Appeal of Disciplinary Decisions
1. An appeal of a disciplinary action must be based on one or more of the following:
G. Definitions of Disciplinary Measures
The Dean of Students is responsible for implementing disciplinary action toward students judged by the Code of Conduct Hearing Committee or the Dean of Students to have violated the Code of Conduct. The extent of the disciplinary sanction will depend on the seriousness of the violation, the past record of the student, circumstances surrounding the violation, and past practices in similar situations. Disciplinary actions imposed shall be one or more of the following:
1. Written Reprimand
A written reprimand is a letter from the Dean of Students or his/her designee to a student found guilty of violating the Code of Conduct. The specific violation is to be defined in the letter with a stated rationale for its unacceptability. A copy will be maintained by the Dean of Students’ Office.
2. Social Probation
Non-academic probation may be imposed on a student who has been found guilty of violating the Code of Conduct. If a student becomes involved in any other problems of conduct while on social probation, he/she is liable for suspension or expulsion from the College, based on a hearing before the Dean of Students or the Code of Conduct Hearing Committee. Probationary notice is to be given to the student in writing by the Dean of Students with the terms of the probation and the rationale carefully detailed. A copy is to be placed in the student’s permanent file.
3. Restitution
Any student found guilty of violating the Code of Conduct that has caused an expense to the College or his/her fellow student(s) may be required to rectify this action by making financial restitution to the parties involved or through appropriate service or material replacement. Failure to do so within a specified time period may result in further disciplinary action as determined by the Dean of Students.
4. Suspension
Specific period of time in which a student is prohibited from enrolling at the institution. This sanction can be accompanied by additional criteria which the student must fulfill prior to re-enrollment.
5. Temporary Suspension
A narrowly defined period of time, i.e., three days, two weeks, etc., in which the student will be prohibited from attending classes while further investigation of the alleged violation occurs.
6. Expulsion
The immediate removal of a student from the College, prohibiting future enrollment at the institution.
7. Persona Non-Grata
Prohibits a student’s presence on campus without prior approval from Public Safety and the Office of the Dean of Students. Failure to adhere to the Persona Non-Grata will subject the student to Nassau County Police arrest.
8. Record Impounded
All academic, financial, and social transactions will be prohibited without the prior consent of the Office of the Dean of Students. This action automatically occurs within all listed sanctions with the exception of sanction 1.
9. Confiscation of Student Identification
Students may be required to surrender their College identification.
H . Information Release
The Dean of Students will inform all complainants and respondents in writing of the result of the disciplinary proceedings.
Section III: Rules and Regulations Regarding Initiation or Affiliation With Student Organizations
A. Nassau Community College recognizes that membership in a fraternity/sorority or other campus organization (hereinafter collectively referred to as an “Organization”) can be a meaningful experience in conjunction with other aspects of the educational process. Unfortunately, however, membership or prospective membership in an organization is sometimes accompanied by an activity commonly known as “hazing.” Hazing has been deemed as generally including, among other things:
B. Hazing is a violation of the Penal Law and other laws of the State of New York. Accordingly, the College affirms its policy that it will not condone hazing of any kind. To this end, any student or organization that engages in hazing may be ejected from the campus and, where appropriate, shall be subject to suspension, expulsion, or other disciplinary action.
C. The foregoing Rules and Regulations shall be deemed to be part of the bylaws of all College organizations.
Academic Dishonesty & Plagiarism
Academic
dishonesty, which includes plagiarism and cheating, will result in some
form of disciplinary action that may lead to suspension or expulsion
under the rules of the Student Code of Conduct. Cheating can take many
forms including but not limited to copying from another student on an
examination, using improper forms of assistance, or receiving
unauthorized aid when preparing an independent item of work to be
submitted for a grade, be it in written, verbal or electronic form.
Anyone who assists or conspires to assist another in an act of
plagiarism or any other form of academic dishonesty may also be subject
to disciplinary action.
Plagiarism is a particular type of academic dishonesty that involves taking the words, phrases or ideas of another person and presenting them as one’s own. This can include using whole papers and paragraphs or even sentences or phrases. Plagiarized work may also involve statistics, lab assignments, art work, graphics, photographs, computer programs and other materials. The sources of plagiarized materials include but are not limited to books, magazines, encyclopedias or journals; electronic retrieval sources such as materials on the internet; other individuals; or paper-writing services.
A student may be judged guilty of plagiarism if the student
(a) Submits as one’s own an assignment produced by another, in whole or in part.
(b)
Submits the exact words of another, paraphrases the words of another or
presents statistics, lab assignments, art work, graphics,
photographs,
computer programs and other materials without attributing the work to
the source, suggesting that this work is the student’s own.
Allegations
of student plagiarism and academic dishonesty will be dealt with by the
appropriate academic department personnel. It is the policy of Nassau
Community College that, at the discretion of the faculty member,
serious acts will be reported in writing to the Office of the Dean of
Students, where such records will be kept for a period of five years
beyond the student’s last semester of attendance at the College. These
records will remain internal to the College and will not be used in any
evaluation made for an outside individual or agency unless there is a
disciplinary action determined by a formal ruling under the Student
Code of Conduct, in which case only those records pertaining to the
disciplinary action may apply. A student whose alleged action is
reported to the Office of the Dean of Students will be notified by that
office and will have the right to submit a letter of denial or
explanation.
The Dean will use his/her discretion in determining whether the alleged violation(s) could warrant disciplinary action under the Student Code of Conduct. In that case the procedures governing the Code of Conduct will be initiated.