Sep 28, 2020  
2019-2020 Student Handbook 
    
2019-2020 Student Handbook

Student Code of Conduct


Return to {$returnto_text} Return to: Handbook Policies and Procedures

Student Conduct (Non-academic)

Student behaviors and acts which adversely affect the realization of the mission, vision, and values of North Arkansas College or the opportunity of all members of the College community to pursue educational goals in a learning environment conductive to intellectual and educational development are subject to disciplinary measures.  The College assumes that, by the act of registering, the student agrees to obey all rules and regulations set forth by the College.  The administration reserves the right to deny participation in the internal life of the College community to any individual or group.  Students do not have the right to invade the privacy of others, to damage the property of others, to disrupt the regular and essential operation of the College, or to interfere with the rights of others.  The jurisdiction and discipline of the College shall apply to conduct that occurs on property owned, occupied, or used by the College; while a student is attending or participating in any College related activity; or in any location if the conduct adversely affects the student’s suitability as a member of the College community or is detrimental to the interests of the institution.

 

Enforcement and Reporting of Student Conduct Violations

The Dean of Students is the College’s officer for student discipline. Any administrator, officer, faculty, or staff member of the College is authorized to direct students to cease any activities that disrupt the orderly operations of the College or are in direct violation of College policies and/or procedures. Any Northark employee or student may report in writing, using the customer service feedback form potential violations to the Dean of Students to determine if these actions rise to the level of a conduct violation and if disciplinary action is appropriate. In situations that demand immediate attention, such as an individual who is a danger to self or others, an initial verbal report followed by a written report to the Dean of Students is sufficient. Conduct violation complaints may be submitted for an individual student, group, or organization which disrupts orderly operations. Violators of public law may be referred to civil authorities for appropriate action and may also be subject to disciplinary action by the College.

Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though the conduct in question may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of enrollment even if the conduct is not discovered until after a degree is awarded. Standards for conduct shall apply even if the student withdraws from the College while a disciplinary matter is pending.

 

Student Conduct Code (Non-academic)

Student conduct violations, whether intentional or unintentional, include but are not limited to the following:

  1. Deliberate disobedience or failure to comply with directions of College officials acting in proper performance of their duties, including but not limited to, requests to show identification, to desist from specified activities, to leave the classroom or other area and/or campus, or to answer a summons for inquiry into possible violations or for disciplinary action.
  2. Conduct that abuses, threatens, harasses, intimidates, discriminates against, or endangers the physical or emotional health or safety of any person on College premises, through College-sponsored social media, or at any College-sponsored event or activity.
  3. Violations of the North Arkansas College Sexual Harassment Policy and/or other parts of the College’s Title IX Policy.
  4. Obstruction or disruption of teaching, administration, disciplinary proceedings, or other College activities, including public service functions and other authorized activities of the College.
  5. Individual or group conduct which is disorderly, violent, threatening, noisy, lewd, indecent, or obscene or which unreasonably disturbs other groups or individuals on College-owned or controlled property or at College-sponsored events.
  6. Misuse or misappropriation of College-owned or controlled property or the property of any member of the College community including theft or unauthorized borrowing; unauthorized entry or use of College facilities; unauthorized possession, duplication, or use of keys to any College premises or vehicles; or deliberate destruction, damage, or defacing of College-owned or controlled property or the property of any member of the College community on campus.
  7. Interfering with College safety policies, equipment, and/or measures including removal, damage, or unauthorized tampering with or activation of fire, safety, or any emergency warning equipment; intentionally making false reports of emergencies.
  8. Carrying or using fireworks, explosives, dangerous chemicals, or other arms classed as weapons (except as in compliance with Arkansas Concealed and Carry laws [Acts 562 and 859] when effective) on College-owned or controlled property, including inside vehicles, or at College-sponsored events.
  9. Alcohol usage (regardless of age), drunkenness or being under the influence of drugs on College-owned or controlled property or at any off-campus College-sponsored or authorized activity, event, or travel. Possessing, distributing, manufacturing, or selling alcohol or other drugs on College property or at College authorized activities.
  10. Violations of the College Tobacco Free Campus Policy.
  11. Use of cellular phones, pagers, other electronic devices, and/or social media in a manner that causes disruption in the classroom, library, or within any College-owned or operated facilities.
  12. Photographing individuals in secured areas such as lavatories or locker rooms or any photographing of individuals against their will.
  13. Violations of the College Technology Acceptable Use Policy.
  14. Dishonesty including falsely claiming to represent the College or a registered student organization of the College; theft, alteration or forgery of College documents, records, or evidence of identification or use of same with intent to defraud; passing insufficient funds checks or fraudulent money orders in payment of any financial obligation to the College; knowingly providing false information to College officials or falsely reporting violations or retaliation against any individual who reports a violation or participates in the investigation of a violation.
  15. Unauthorized gambling in any form on College property or at a College-sanctioned event.

 

Violations of published College policies, rules, and regulations including but not limited to parking, posting, distribution of literature, or commercial solicitation.

 

Determination of Probable Cause

Any member of the College community may file a complaint against any student for misconduct by completing the Customer Service Feedback Form.  Any complaint should be submitted as soon as possible after the event takes place, preferably within five (5) working days. The Dean of Students will make an initial determination as to whether there is sufficient basis to indicate that a student conduct violation may have occurred. The Dean of Students or his/her designee may informally interview the complainant and/or other witnesses or request additional information from the complainant. In the event that the Dean of Students determines that there are sufficient grounds to indicate that a student conduct violation has occurred, disciplinary proceedings will be initiated.

 

Disciplinary Process

All charges shall be presented to the accused student in written form by registered or certified mail or hand-delivered summons to attend a hearing with the Dean of Students and one additional College official. At this hearing, the Dean of Students will review with the student the allegations contained in the complaint, the possible sanctions that may be imposed, and the rights and responsibilities of the student under this procedure.

The charged student will be provided the opportunity to respond to the allegations and to present any evidence he/she may desire. The complainant and/or the accused student has the right to be assisted by an advisor. The advisor must be a member of the Northark community and may not be an attorney. The complainant and/or the accused student is responsible for presenting his/her own information; therefore, advisors are not permitted to speak or to participate directly during the meeting. Delays to the meeting will not be allowed due to scheduling conflicts with the advisor.

Pertinent records, exhibits, and written statements may be accepted as information for consideration at the discretion of the Dean of Students. The Dean of Students’ determination shall be made on the basis of whether it is more likely than not that the accused student has committed a student conduct violation. Formal rules of process, procedure, and or/or technical rules of evidence such as are applied in criminal or civil court are not used in student disciplinary proceedings. All disciplinary proceedings may be subject to audio recording. Any such recordings are the property of North Arkansas College and may not be duplicated. The student involved in the proceeding will be permitted to review recordings upon request and under the supervision of a College official.

In the event that the accused student neglects, refuses, or fails to attend the hearing, the Dean of Students will make a determination based on the information available at the time. Failure to attend this hearing will not presume responsibility or non-responsibility.

If the Dean of Students subsequently determines that a sanction is warranted, the student will be notified in writing. All written notices will be hand-delivered or sent by registered mail to the address of the student as it appears on the official College records.

 

Disciplinary Sanctions on Individuals

Sanctions are designed to promote the College’s educational missions, to promote safety or to deter students from behavior which harms, harasses, or threatens people or property. Disciplinary sanctions will draw upon the experience and professional judgment of faculty, staff, and administrators, and on a range of disciplinary techniques. Disciplinary sanctions in response to violations of the Code of Student Conduct will be correlated to the seriousness of the offense, the student’s attitude, the effect of the misconduct on the College environment, the student’s record of misconduct, and statutory requirements. Because of these factors, sanctions for a particular offense (unless specified by law) may vary. Possible disciplinary sanctions include but are not limited to:

  • Letter of warning that a student conduct violation has occurred and future violations will be dealt with more severely.
  • Disciplinary probation which prohibits the student from representing the College or participating in student activities and subjects the student to immediate suspension if found to have committed any additional student conduction violation/s during the period of probation.
  • Restitution of College property, denial of certain privileges, or restriction of activities.
  • Suspension which interrupts the student’s educational activities at the College for a definite, stated period of time.
  • Dismissal which interrupts and terminates the student’s educational activities at the College for a definite, stated period of time.
  • Expulsion which is permanent termination of enrollment at the College. The Dean of Students may review the action at a later time, not less than two (2) years after the date of expulsion.

Imposed sanctions do not diminish or replace the penalties available under generally applicable civil or criminal laws. Students are reminded that many violations of the Student Conduct Code, including harassment and other discriminatory behavior, may violate various local, state, and federal laws.

 

Emergency Suspension
If a student’s actions pose an immediate threat or danger to any member of the College community or the educational processes, a College administrative official may immediately suspend or alter the rights of the student pending a meeting with the Dean of Students. The decision to suspend or alter rights will be based on whether the continued presence of the student on the College campus or College-controlled property reasonably poses a threat to the physical or emotional condition and well-being of any individual, including the student, or for reasons relating to the safety and welfare of any College property or College function. Except in extraordinary circumstances the meeting with the Dean of Students shall be scheduled within two (2) working days.

Disciplinary Sanctions on Groups or Organizations

The following sanctions may be imposed upon groups or organizations:

  • Any of the individual sanctions which may be appropriate.
  • Loss of selected rights and privileges for a specified period of time.
  • Deactivation of the group or organization including loss of all privileges and College recognition for a specified period of time.

 

Disciplinary Records

For more information about disciplinary records, please refer to the Student Disciplinary Records policy.

 

Appeals Process

A decision of sanction imposed by the Dean of Students may be appealed by the accused student or complainant to the Institutional Standards and Appeals Committee within ten (10) working days of the decision. Appeals shall be made by completing the Institutional Standards and Appeals Appeal Form. Except as required to explain the basis of new information, an appeal shall be limited to a review of the record of the hearing with the Dean of Students and supporting documents for one or more of the following purposes:

  1. To determine whether the hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the appealing party a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
  2. To determine whether the decision regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a student conduct violation has occurred.
  3. To determine whether the sanction(s) imposed were appropriate for the student conduct violation which the student was found to have committed.
  4. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing because such information and/or facts were not known to the person appealing at the time of the original conduct hearing.

 

The appeal should outline specifically the grounds for the appeal using one or more of the purposes listed above.

If an appeal is upheld by the Institutional Standards and Appeals Committee (ISA), the original decision may be reversed and the sanctions dismissed or the decision may stand and new sanctions may be imposed.  If an appeal is not upheld, the matter shall be considered final and binding upon all involved. The respondent shall be entitled to a written decision of the case from the Institutional Standards and Appeals Committee (ISA) within ten (10) working days following the appeals hearing.

Return to {$returnto_text} Return to: Handbook Policies and Procedures