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DISCIPLINARY AND DUE PROCESS PROCEDURES

Purpose: College students, curriculum and continuing education, are citizens of the local, state, and national governments and of the academic community and are therefore, expected to conduct themselves as law abiding members of each community at all times. Admission to a College carries with it special privileges and imparts special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the college and the academic community, which it seeks to serve, the Wilson Community College Board of Trustees has authorized the President of the College to take such action that may be necessary to maintain campus safety and preserve the integrity of the College and its educational environment.

Pursuant to this authorization, the College has developed the following regulations, which are intended to govern student conduct on the campus. In addition, students are subject to all national, state, and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the College’s pursuit of its educational objectives, the College may enforce its own regulations regardless of any proceedings instituted by other authorities. Conversely, violation of any section of these regulations may subject a student to disciplinary measures by the College whether or not such conduct is simultaneously in violation of local, state, or national laws. When a student fails to abide by the rules and regulations of the College or fails to obey the ordinance of local, state, and national governments, disciplinary action may be taken.

Process: Wilson Community College embraces the philosophy that the proper aim of discipline is teaching. Therefore, the discipline of students in this educational community is part of the teaching process. Toward that end, due process is established and observed.

Responsibility: The Dean of Student Services is responsible for enforcement of student disciplinary policies and procedures, and will in the pursuit of that responsibility observe the proper aim of discipline, observe the procedure of due process, consider all evidence, determine the facts, render a decision, and impose appropriate disciplinary sanctions when a student has been charged with violation of College rules and/or regulations.

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Disciplinary Offenses

For the purpose of these Regulations, a “student” shall mean any person who is registered for study at the College for any academic period. Generally, through appropriate due process procedures, College disciplinary measures shall be imposed for conduct, which adversely affects the College’s pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or person on College or College controlled property. All Wilson city police officers have been given the authority to control access and to patrol facilities. Failure to leave after instruction to do so, can result in those individuals may be charged with trespassing (G.S. 14-159.13). Individual, group, or organizational misconduct, which is subject to disciplinary sanctions, shall include but not be limited to the following offenses:

Dangerous conduct: Any conduct, which constitutes a serious danger to any person’s health, safety, or personal well-being, including any physical or immediate threat to others;

Disorderly conduct or Language: Any individual or group behavior or language which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs other groups or individuals;

Hazing: Hazing means any intentional or reckless act on or off the property of any College by students acting alone or with others involving any action which is directed against any other students that endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger such student’s mental or physical health or safety. For the purpose of this statement, hazing is defined as those actions taken and situations created in connection with initiation into or affiliation with any organization;

Obstruction of or interference with College activities or facilities: Any intentional interference with or obstruction of any College activity, program, event, or facilities including the following:

  1. Any unauthorized occupancy of College, College controlled facilities, or blockage of access to or from such facilities.
  2. Interference with the right of way of any College member or other authorized person to gain access to any College or College controlled activity, program, event, or facilities.
  3. Any obstruction or delay of a campus security officer, fire/rescue service, or any College official in the performance of his/her duty.
  4. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring, or unauthorized use of property belonging to the College including but not limited to: fire alarms, fire equipment, elevators, telephones, College keys, library materials, and or safety devices; and any such act against a member of the College community or a guest of the College.

Theft: Any act of misuse, act of theft or unauthorized possession or sale of College property, or any such act against a member of the College community or a guest of the College;

Misuse of documents or identification cards: Any forgery, alteration of, or unauthorized use of College documents, forms, records, or identification cards including necessary information in connection with a student’s admission, enrollment, financial transactions, or status in the College;

Harassment: Any act of harassment by an individual or group against a student, college employee, campus group, visitor, or guest. Harassment shall include, but not be limited to, insults, heckling, verbal abuse, threats of physical abuse, unwanted suggestions of a sexual nature, repeated teasing or annoyance of another, or other actions intended to disturb others.

Firearms and other dangerous weapons: Any unauthorized or illegal possession or use of firearms or dangerous weapons of any kind is prohibited. Firearms or any other dangerous weapon may not be possessed on campus at any time for any reason except by authorized sworn law enforcement personnel;

Explosives, fireworks, and flammable materials: The unauthorized possession, ignition, or detonation of any object or article, which would cause damage by fire or other means to persons or property;

Alcoholic beverages: The use and or possession of alcoholic beverages on College owned or controlled property or at any college sponsored activity;

Drugs: The unlawful possession or use of any drug or controlled substance, including any stimulant, depressant, narcotic, hallucinogenic drug or substance, marijuana, or sale or distribution of any such drug or controlled substance on college owned or controlled property or at any college sponsored activity;

Gambling: Gambling in any form;

Financial misconduct: Any conduct, including but not limited to, knowingly passing forms of payment such as a worthless check, debit, credit card, or money order in payment to the College community;

Unacceptable conduct hearings: Any conduct at any College hearing involving contemptuous, disrespectful, or disorderly behavior or the giving of false testimony or other evidence at any hearing;

Failure to cooperate with College officials: Failure to comply with directions of College officials acting in the performance of their duties;

Violations of general rules and regulations: Any violation of the general rules and regulations of the College as published in an official College publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action.

Attempts of aiding and abetting the commission of offenses: Any attempt to commit any of the foregoing offenses or the aiding and abetting of the commission of any of the foregoing offenses (an “attempt” to commit an offense is defined as the intention to commit an offense coupled with the taking of some action toward its commission);

Violations of state or federal laws: Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference;

Dress: College students are mature enough to make wise and appropriate decisions on the type of apparel suitable for a college campus. Dress, which disrupts the learning process, is not allowed. Dress that includes any words or images that are obscene, offensive, or tend to promote violence or drugs or disrespect religion is prohibited.

Off campus facilities: Students enrolled in classes at off-campus locations must adhere to the rules and regulations established by the College and authorities governing the use of the facilities.

Classroom misconduct: Classroom misconduct includes disruptive, threatening, or otherwise unacceptable social behavior in the classroom. Classroom misconduct, either directly or indirectly, through participation or assistance is prohibited.

The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity and can order the temporary removal or expulsion from the classroom of any student engaged in disruptive conduct or conduct that violates the general rules and regulations of the College.

  1. The instructor may invoke a warning to any student.
  2. The instructor may invoke a judgment against a student by revoking the privilege of further participation in that day’s class or lab activities.
  3. The instructor may suspend a student from a class, lab or learning situation or from a learning assignment for a period of time not to exceed three (3) consecutive class meetings with the approval of the Associate Dean.
  4. If extended or permanent exclusion from the classroom or further disciplinary action is deemed appropriate and necessary, the instructor’s immediate supervisor may make a recommendation to the appropriate Associate Dean or Dean.
  5. The Dean of Student Services, in consultation with the Associate Dean or Dean will determine if further disciplinary action is appropriate and necessary. Any further action can be effected only through appropriate Disciplinary Procedures of the College. (See Student Handbook)

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Disciplinary Sanctions
 Upon determination that a student or organization has violated any of the rules, regulations, or disciplinary offenses set forth in these regulations, the Dean of Student Services may impose the following disciplinary sanctions either singly or in combination. Some disciplines must adhere to additional state, federal, or organizational and accrediting agency guidelines and regulations. Immediate sanctions, up to and including expulsion, may be necessary in some cases to guarantee the safety and harmony of the campus environment.

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Definition of Sanctions

Restitution: A student who has committed an offense against property may be required to reimburse the College or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to cost of repair or placement.

Warning: The appropriate College officials may notify the student that continuation or repetition of specified conduct may be cause for other disciplinary action.

Reprimand: A written reprimand or censure may be given any student or organization whose conduct violates any part of these Regulations. Such a reprimand does not restrict the student in any way, but does have important consequences. It signifies that he or she is in effect being given another chance to conduct himself or herself as a proper member of the College community and that any further violation may result in more serious penalties.

Restrictions: A restriction upon a student or organization’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the right to represent the College in any way, denial of use of facilities, parking privileges, participation in extracurricular activities, or restriction of organizational privileges.

Disciplinary Probation: Continued enrollment of a student on probation may be conditioned upon or adherence to these regulations. Any student placed on probation will be notified of such in writing and will also be notified of the terms and length of probation. Probation may include restrictions upon the extracurricular activities of a student. Any conduct in violation of these Regulations while on probationary status may result in the imposition of a more serious disciplinary action.

Suspension: If a student is suspended, he or she is separated from the College for a stated period of time with conditions of readmission to the College.

Expulsion: Permanent removal and exclusion from the College, College controlled facilities, programs, events, and activities.

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Disciplinary Procedures

Conference: The Dean of Student Services shall, within 10 calendar days, in writing request a meeting with the student for a preliminary conference where the student shall be apprised of his/her basic rights as stated in these rules. The student will be extended the opportunity for an explanation of the conduct in question, but must also provide the Dean of Student Services with a detailed written explanation. Failure of the student to meet with the Dean of Student Services within the prescribed timeframe will not prevent the process of collecting information or the decision to move forward.

Investigation: The Dean of Student Services shall consider all evidence, determine the facts, render a decision, and impose disciplinary sanction(s) as necessary. The Dean will, in writing, identify the claimed misconduct or infraction or offense, present a statement of the full penalty or sanction, and present a statement of the student’s right to due process. The student shall be mailed this information by certified, return receipt mail to the last specified address in the student’s permanent file.

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Due Process Appeal Procedures

First Appeal: Hearing Before Judicial Council
A student may appeal the decision made by the Dean of Student Services within 10 consecutive calendar days from the receipt of notification to the student or attempt to deliver by the College. A request for an appeal must be made in writing to the Judicial Council Chair. The Dean of Student Services will provide the Judicial Council Chair the documentation of alleged misconduct and the nature of all the evidence.

Upon receipt of a request to appeal, the student shall be advised, in writing and by certified mail, on the right, methods, and time and place of the hearing at least 10 consecutive calendar days prior to the hearing. Any student acquitted of charges after this hearing will be provided an opportunity to make up class work that may have been missed as a result of suspension during the procedural action. In all disciplinary hearings conducted, the following procedures shall be observed:

  1. The student shall be advised of the breach of rules or regulations of which he/she is charged;
  2. The student shall be advised of the following rights:
    1. The right to present his/her case;
    2. The right to call witnesses in his/her behalf; and
    3. The right to call witnesses against the accused.
  3. The Judicial Council shall hold a hearing, observe the procedures described above, consider all evidence, determine the facts, uphold previous decisions, deny requests, or rescind the decision and make appropriate disciplinary sanctions as necessary.

Hearing Procedures for Appeal with Judicial Council

  1. The hearings go forward unless the accused notifies the Chair of the Judicial Council a minimum of 24 hours in advance of their impending absence and will give the reason for that absence. Failure by the accused to appear at the hearing will not prevent the Council from hearing evidence or deciding the case.
  2. The Chair calls the session to order and reads the breach of rules as charged.
  3. The Chair will give an opportunity to the student and the Dean of Student Services to make an opening statement.
  4. The Dean of Student Services will present all pertinent information and/or witnesses regarding the claimed breach of rules as related to misconduct.
  5. The student, after hearing all evidence presented, may question the accuser or witnesses.
  6. The student will then have the opportunity to present his/her case, including all evidence, witnesses, and no more than two (2) character witnesses from student body, faculty, or staff.
  7. The Dean of Student Services will have the right to then question the student and/or witnesses.
  8. The Judicial Council will have the right to question the student and/or witnesses.
  9. The Judicial Council will meet in private to render a verdict.
  10. The Judicial Council shall notify the student by certified mail that his/her petition has been granted or denied within 10 consecutive calendar days of the decision.

Second Appeal: To the Vice President of Instruction and Student Services

A student may appeal the decision made by the Judicial Council within 10 consecutive calendar days from the receipt of notification to the student or attempt to deliver by the College. The appeal must be in writing, with full explanation for the student’s appeal, to the Vice President for Instruction and Student Services. Any student acquitted of charges after this appeal will be provided an opportunity to make up class work that may have been missed as a result of suspension during the procedural action.

  1. The Vice President of Instruction and Student Services shall consider all evidence, determine the facts, uphold previous decisions, deny requests, or rescind the decision and make appropriate disciplinary sanctions as necessary in a timely manner.
  2. The Vice President of Instruction and Student Services shall notify the student, by certified mail, of his/her decision regarding the appeal.
  3. Decisions at this appeal level are final.

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Grievance Procedures

When a student’s concern is expressed regarding classroom management/conduct, instructional methods, teaching effectiveness or evaluation, students are expected to first attempt to resolve their concerns with the instructor. If such resolution is unsuccessful, the student must contact the appropriate Coordinator, Director, Associate Dean, or Dean who will determine what resolution/remedy, if any, is necessary. If resolution is unsuccessful at this level, the student must submit a formal grievance in writing to the Dean of Student Services. The Dean of Student Services will conduct an investigation and render a decision.

The student may appeal the decision made by the Dean of Student Services within 10 calendar days from the date of receipt of notification to the student or attempt to deliver by the College. The written appeal must fully explain the student’s appeal and must be delivered to the Vice President of Instruction and Student Services.

  1. The Vice President shall consider all evidence, determine the facts, uphold previous decisions, deny requests, or rescind the decision and make appropriate disciplinary sanctions as necessary on a timely basis.
  2. The Vice President shall notify the student, by certified mail, of his/her decision.
  3. Decisions at this level are final.

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A Student's Guide to Reporting Harassment

The purpose of this guide is to ensure an orderly resolution of charges of sexual, racial, or other forms of harassment brought by students at Wilson Community College. Sexual harassment and racial harassment have been held to constitute a form of discrimination prohibited by the Title VII of the Civil Rights Act of 1964, as amended and Title IX of the Education amendments of 1972. Applicable law prohibits other types of harassment. Wilson Community College prohibits all acts of harassment and will properly investigate any claims of harassment.

Definitions of Harassment

Sexual and Other Unlawful Harassment
Wilson Community College is committed to providing an educational and/or work environment that is free from all forms of discrimination and harassment. Wilson Community College expressly prohibits any form of unlawful discrimination or harassment based on sex; race; color; national origin; age; religion; disability; citizenship; status as a Vietnam era, special disabled, or other covered veteran; or status in any group protected by law. Wilson Community College provides ongoing harassment training to ensure everyone the opportunity to work and/or learn in an environment free of sexual and other unlawful harassment.

Sexual harassment is defined as unwanted sexual advances, visual, verbal, or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. Examples of the types of conduct expressly prohibited by the policy include, but are not limited to, the following:

  • * Unwanted sexual advances.
  • * Offering employment benefits in exchange for sexual favors. Making or threatening reprisals after a negative response to sexual advances.
  • * Conduct that includes leering, making sexual gestures, or the displaying of sexually suggestive objects, pictures, cartoons, or posters.
  • * Conduct that includes making or using derogatory comments, epithets, slurs, or jokes.
  • * Abuse of a sexual nature such as graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, or suggestive or obscene letters, notes, or invitations.
  • * Conduct that includes touching, assaulting, or impeding or blocking movements or violating someone’s “personal space.”

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of employment or reward; (2) submission to or rejection of the conduct is used as a basis for making educational, academic, or employment decisions; or, (3) the conduct has the purpose or effect of interfering with educational, academic, or employment performance or creating an intimidating, hostile, or offensive educational, academic, or employment environment.

All College employees and students are responsible for creating an atmosphere free of discrimination or harassment, sexual or otherwise. Further, all College employees and students are responsible for respecting the rights of all members of the College community.

If any student experiences or witnesses any sexual or other unlawful harassment or discrimination in the College environment, report it promptly to the Dean of Student Services. If the Dean of Student Services is unavailable or you believe it would be inappropriate to contact that person, you should promptly contact any senior administrator. This policy applies to all incidents of alleged discrimination or harassment, including those, which occur off-campus or off-hours, when the alleged offender has a relationship with the College. Should the alleged discrimination or harassment occur at a time other than the normal operating hours of the College, your complaint should be filed as early as practicable on the first business day following the alleged incident.

All allegations of sexual or other harassment will be quickly and discreetly investigated. All complaints will be kept confidential to the maximum extent possible. All employees and students have a duty to cooperate fully with the College in connection with any such investigation.

If Wilson Community College determines that an employee or student is guilty of discriminating or harassing another individual, appropriate disciplinary action will be taken against the offending employee or student, up to and including termination of employment, suspension, or expulsion.

Wilson Community College prohibits any form of retaliation against any student or employee for filing a bona fide complaint under this policy or for assisting in a complaint investigation. However, if after investigating any complaint of harassment or unlawful discrimination, the College determines that the complaint is not bona fide and was not made in good faith or that an employee or student has provided false information regarding the complaint, disciplinary action may be taken against the individual who filed the complaint or who gave false information.

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Plagiarism and Cheating

The College guarantees the integrity of the academic process. Cheating and plagiarism are threats to this integrity; therefore, everyone must work together to prevent its occurrence. Students are expected to perform honestly and to work in every way possible to eliminate cheating by any member of a class.

The instructor has the responsibility to fairly evaluate the academic progress of each student and is obligated to explain at the beginning of each course how the College's policy on cheating and plagiarism applies to that particular course.

Cheating is the intent to deceive the instructor in his/her effort to fairly evaluate an academic exercise. It includes copying another student's homework, classwork, or required project (in part or in whole) and handing it in as one's own; giving, receiving, offering, and/or soliciting information on a quiz, test, or exam; or plagiarism.

Plagiarism is the copying of any published work such as books, magazines, audiovisual programs, electronic media, and films, or copying the theme or manuscript of another student. It is plagiarism when one uses direct quotations without proper credit and proper punctuation and when one uses the ideas of another without proper credit. Whenever phrasing is borrowed, even if only two or three words, the borrowing should be recognized by the use of quotation marks and by frequent mention of the author's name.

The instructor will submit a written report of the incident to the associate dean with recommendations for appropriate action. All decisions may be appealed for review by the Judicial Council.

Electronic Devices

Electronic devices such as pagers, cellular telephones, two-way radios, CD players, radios, electronic games, or any other such devices are not to be used (turned off) in classrooms, labs, the library, or while testing. Exceptions can be made for those employed by, or who volunteer for, a public safety organization. Their use of these devices should be work related only and they should not activate them without prior approval of the instructor.