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Disciplinary Procedures
Student Code of Conduct
Definitions
Accused Student – The student who is alleged to have violated the College’s Student
Code of Conduct.
Appeals Officer – The person designated by the College’s President to hear student
appeals of a judicial board finding.
Cheating – Includes, but is not limited to: (1) use of any unauthorized assistance in taking
quizzes, tests, or examinations; (2) dependence upon the aid of sources beyond those
authorized by the instructor in writing papers, preparing reports, solving problems, or
carrying out other assignments; or (3) the acquisition, without permission, of tests or other
academic material belonging to a member of the College faculty or staff. Cheating shall
also include the use, by paraphrase or direct quotation, of the published or unpublished
work of another person without full and clear acknowledgement. It also includes the
unacknowledged use of materials prepared by another person or agency engaged in the
selling of term papers or other academic materials. Taking credit for work done by another
person or doing work for which another person will receive credit. Copying or purchasing
other’s work or arranging for others to do work under a false name.
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College – Roxbury Community College.
College Official – Includes any person employed by the College, performing assigned
administrative or professional responsibilities.
College Premises – Includes all land, buildings, facilities, and other property in the
possession of or owned, used, or controlled by the College, including adjacent streets and
sidewalks.
Complaint – The informal, often unwritten stage of an allegation of a violation of the
Student Code of Conduct.
Day – As used in this policy, shall mean a calendar day.
Faculty or Staff Member – Any person hired by the College to conduct classroom,
instructional, administrative or support activities.
Complaining Party – The individual bringing a complaint against an accused student.
Judicial Board – A panel of College Officials designated by the Vice President/Senior
Student Affairs Officer to conduct a hearing after the Vice President/Senior Student Affairs
Officer has determined that a violation of the Student Code of Conduct has occurred and
an Administrative Remedy cannot be reached. All Judicial Board members shall act in an
impartial, unbiased manner.
Member of the College Community – Includes any person who is a student, faculty
member, College official or any other person employed by the College. A person’s status
in a particular situation shall be determined by the Director of Human Resources or the
Registrar.
Plagiarism – Includes, but is not limited to, the use, by paraphrase or direct quotation, of
the published or unpublished work of another person without full and clear
acknowledgement. It also includes the unacknowledged use of materials prepared by
another person or agency engaged in the selling of term papers or other academic
materials. This would also include material that is obtained from the computer.
Student – Includes all persons taking courses at the College, both full-time and part-time,
credit and non-credit. Persons who are not officially enrolled for a particular term but who
have a continuing academic relationship with the College are considered “students.”
Student Organization – Any number of students who have compiled with the formal
requirements for the College’s organization recognition process.
Time – The number of days indicated at each level shall be considered as a maximum. All
reasonable efforts shall be made to expedite the process, but the Vice President/Senior
Student Affairs Officer or designee may extend the time limits at their discretion with notice
to both parties in writing.
Vice President/Senior Student Affairs Officer or Designee – The College Official
designated by the College’s President to be responsible for the administration of the
Student Code of Conduct.
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Disciplinary Offenses
The College’s jurisdiction under this policy shall extend to student conduct occurring on
College property, property under the management and/or control of the College, and/or off
College property when such conduct adversely affects the College Community, poses a
risk of harm or the threat of harm to the College Community and/or interferes with the
College’s pursuit of its objectives and mission.
A student shall be subject to the disciplinary sanctions outlined in this policy for acts
including, but not limited to:
1. Physical violence or the threat thereof and/or any conduct that threatens or
endangers the health or safety of any person.
2. Creating or false reporting of bombs.
3. Extortion - The use, or the express or implicit threat of the use, of violence or other
criminal means to cause harm to person, reputation, or property as a means to obtain
property from someone else without his/her consent.
4. Unauthorized use of fire alarm or fire equipment.
5. Unauthorized or illegal gambling.
6. Hate Crimes as defined under state or federal law.
7. Hazing as defined under state of federal law.
8. Illegal or unauthorized possession of firearms, explosives, other weapons, or
dangerous chemicals on College premises.
9. Conduct resulting in a violation of the College’s Computer/Technology Acceptable
Use and/or E-mail Policies.
10. Failure to comply with directions of College officials or law enforcement officers acting
in performance of their duties and/or failure to identify oneself to these persons when
requested to do so.
11. Failure to identify oneself when on College property or at a College-sponsored or
supervised event, upon request of a College official acting in the performance of
his/her duties.
12. Use, possession, or distribution of alcoholic beverages or public intoxication except
as expressly permitted by law and/or College regulations.
13. Use, possession, or distribution of illegal drugs or other controlled substances.
14. Breach of peace; including disorderly, lewd, or indecent conduct, or aiding, abetting,
or procuring another person to breach the peace on College premises or at functions
sponsored by, or participated in, by the College.
15. Defacement or destruction of College materials or College property. Attempted or
actual theft, or unauthorized use of and/or damage to property of the College or
property of a member of the College Community or other personal or public property.
16. Acting in a manner or participating in an event which disrupts the normal operations
of the College and the learning environment and infringes on the rights of other
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49
members of the College Community; leading or inciting others to disrupt scheduled
and/or normal activities within any campus building or area; intentional obstruction
which interferes with freedom of movement, either pedestrian or vehicular, on
campus.
17. Harassment (verbal or physical) and or intimidation of a member of the College
Community.
18. Acts of dishonesty, including but not limited to the following:
a. Cheating, including use of unauthorized books or notes, plagiarism, or other
forms of academic dishonesty, as defined by College policy.
b. Forgery, alteration, or misuse of any College document, record, or instrument of
identification. Alteration of college records, documents, or identification
instruments or the use of the same with the intent to defraud.
c. Furnishing false information to any College official, faculty member or office.
d. Disrupting or tampering with the election of any College recognized student
organization.
19. Abuse of the Disciplinary process, including but not limited to:
a. Falsification, distortion, or misrepresentation of information before a Judicial
Board.
b. Disruption or interference with the orderly conduct of a judicial proceeding.
c. Attempting to discourage an individual's proper participation in, or use of, the
judicial system.
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50
d. Attempting to influence the impartiality of a member of a Judicial Board prior to,
and/or during the course of, the judicial proceeding.
e. Harassment (verbal or physical) and/or intimidation of a member of a Judicial
Board prior to, during, and/or after a judicial proceeding.
f. Failure to comply with the sanction(s) imposed under the Student Code.
g. Influencing or attempting to influence another person to commit an abuse of the
judicial system.
20. Unauthorized possession, duplication, or use of keys to any College premises or
unauthorized entry to or use of College premises.
21. Unauthorized solicitation, including but not limited to sale of goods and services for
personal profit.
22. Unauthorized activity that constitutes forgery.
23. Violation of State or Federal Laws not otherwise enumerated herein.
24. Violation of published College policies, rules, or regulations not otherwise
enumerated herein.
Discipline in the Classroom
Disrupting or disturbing the classroom is a violation of the College’s Student Code of
Conduct. A faculty member has the right to remove a disruptive student from class,
pending a review of the situation by the Vice President/Senior Student Affairs Officer or
designee. Any faculty member may, at any time, refer a student to the Vice
President/Senior Student Affairs Officer or designee, if the student is in violation of the
Student Code of Conduct. The Vice President/Senior Student Affairs Officer or designee
may impose disciplinary sanctions against the offending student consistent with the rules
and regulations of the Student Code of Conduct. At the discretion of the Vice
President/Senior Student Affairs Officer or designee, a student may be allowed to attend
class during the disciplinary review process. In making this determination the Vice
President/Senior Student Affairs Officer or designee will consider the severity of the
disruptive behavior and may consult with the Chief Academic Officer.
Complaints Alleging Sexual Harassment or Discrimination
Claims of discrimination or sexual harassment shall be pursued under the College’s
Affirmative Action Plan. For more information, please contact Director of Human
Resources, the College’s Affirmative Action Officer, at (617) 541-5337.
Off Campus Behavior
If a student is charged only with an off-campus violation of federal, state, or local laws, the
College reserves the right to take disciplinary action and impose sanctions against the
student. Proceedings under this Student Code may be carried out prior to, simultaneously
with, or following civil or criminal proceedings off-campus.
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Code of Conduct Disciplinary Process
The Disciplinary Process is initiated once a formal complaint is filed against a student by
a member of the College Community or by the Vice President/Senior Student Affairs
Officer. This policy is not intended to prevent members of the College Community from
attempting to resolve matters mutually and informally. For example, if a student engages
in disruptive conduct in the classroom, a faculty member may confront the student and
resolve the matter without resorting to filing a complaint under the Code. If, however, a
matter cannot be resolved mutually and informally, the Code of Conduct Process shall be
followed.
Complaint of misconduct filed
against student with the Dean
of Enrollment Management or
Student Judicial Affair Officer
Initial meeting between accused student
and Dean of Enrollment Management
or designee
Dean of EM/SJAO
conducts informal investigation
Dean of EM/SJAO
dismisses complaint
Dean of EM/SJAO
accepts complaint
Administrative Disposition issued by Dean of
EM/ SJAOAccused Student accepts administrative
sanction. Student waives Judicial Board hearing
and Appeal
Judicial Board Hearing
Sanction Imposed Sanction Imposed Complaint Dismissed
Appeal to Appeals Officer
Senior Student Affair Officer/
VP/SSAO
Appeals Officer confirms
original decision and sanction
Appeals Officer modifies
original decision and/or
sanction
Amdinistrative Reconsideration
at students request
Amdinistrative Reconsideration
at students request
*Judicial Process – Flow Chart
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1. Disciplinary Process
a. All complaints under the Code of Conduct shall be filed with Dean of Enrollment
and Student Judicial Affairs Officer.
b. When the Dean of Enrollment Management/ SJAO receives a complaint that a
student has acted in a manner which may be in violation of the Code, the
VP/SSAO/designee initiates the disciplinary process by meeting with the
Accused Student, putting him/her on notice of the alleged violation and providing
him/her an opportunity to respond to the allegations. Thereafter, the
VP/SSAO/designee may conduct an investigation.
c. If the Vice President/Senior Student Affairs Officer determines that a violation
exists, two procedural options are available. One, the violation may be resolved
through an administrative disposition conducted by the Dean of Enrollment
Management/SJAO. In this case, the student may accept the administrative
remedy proposed by the Dean of Enrollment Management/SJAO and in doing
so waives in writing his/her right to a disciplinary hearing or appeal. Alternatively,
if the Accused Student does not accept the proposed administrative remedy,
then the student may receive a hearing before a Judicial Board, to which a right
of appeal exists.
d. If the student chooses a hearing with the Judicial Board, the Dean of Enrollment
Management/SJAO will schedule a hearing.
e. The Judicial Board will hear the case and issue a written decision and/or
sanction within ten (10) days of the hearing.
f. The student may appeal the Judicial Board decision to the Dean of Enrollment
Management/SJAO. A right of appeal exists only if based on new evidence or
information.
Failure to cooperate with the College’s investigation of an alleged Code of Conduct
violation, which includes appearing before a Judicial Board or College official if
summoned to do so, will result in the student forfeiting his/her rights to a hearing or appeal
and/or may result in disciplinary action.
2. Sanctions
A student found in violation of the College’s Code of Conduct shall be subject to one or
more of the following sanctions:
a. Verbal Warning
b. Written Warning
c. Restrictions/Loss of Privileges
d. Probation
e. Community/Educational Service
f. Restitution
g. Suspension
h. Expulsion
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The intent of the College is to impose sanctions in a progressive manner, beginning with
the least punitive sanction. However, depending on the nature and severity of the student’s
violation the College reserves the right to impose any of the above-referenced sanctions
at any time. The College also reserves the right to issue an interim suspension where a
student’s conduct: (a) poses a threat to him/herself or others; (b) poses a threat to or
results in damage to College property; or (c) poses a threat to or results in disruption or
interference with the normal operations of the College. During an interim suspension, a
student is prohibited from entering the College’s premises or participating in any College
activities until further notice from the Dean of Enrollment Management/SJAO.
3. Charges and Hearing
a. When an Accused Student is to appear before a Judicial Board, all charges shall
be presented to the accused student in written form. A notice of charges shall be
presented to the student no less than five (5) days prior to the hearing. A hearing
shall be scheduled no later than thirty (30) days following the accused student’s
request for a hearing.
b. Hearing rules are as follows:
• Hearings normally shall be conducted in private.
• Admission of any person to the hearing shall be at the discretion of the
Dean of Enrollment Management/SJAO.
• In hearings involving more that one Accused Student, the Dean of
Enrollment Management/SJAO may permit at his/her discretion individual
hearings for each Accused Student.
• The Accused Party has the right to be assisted by any advisor he/she may
choose, at their own expense. The advisor may be an attorney. An advisor
is not permitted to speak or to participate directly in any hearing before a
Judicial Board.
• Pertinent records, exhibits, and written statements may be accepted as
evidence for consideration by a Judicial Board at the Board’s discretion.
• All procedural questions are subject to the final decision of the Dean of
Enrollment Management/SJAO.
• After the hearing, the Judicial Board shall determine by majority vote
whether the student has violated each section of the Student Code which
the student is charged with violating.
• The Judicial Board's determination shall be based on whether it is more
likely than not that the Accused Student violated the Student Code.
c. There shall be a record created of all hearings before a Judicial Board. The
record shall be the property of the College subject to state and federal student
record laws.
d. A hearing before a Judicial Board is an administrative hearing. The rules of
evidence do not apply. Direct cross-examination is not permitted. All questions
must be directed through the Board, as indicated below.
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4. Conduct of Hearing
A hearing shall proceed as follows:
• The Dean of Enrollment Management/SJAO presents the complaint with
supporting investigatory materials and/or witnesses.
• Accused Student presents statement, materials and/or witnesses in opposition
to the complaint.
• Once the parties have presented their respective positions, the Judicial Board
may question each party, their witnesses and review all documentary evidence
presented.
• After the Board has questioned the parties and/or witnesses, each party will be
given the opportunity to question the other. All questions must be directed
through the Board. If the Board determines that the question is relevant to the
matter, the other party will be asked to respond.
• Following the parties' questioning period, the Board will have another
opportunity to question the parties.
• Following the hearing’s conclusion, the Judicial Board shall deliberate and issue
a written recommendation to the VP/SSAO or designee, within two days. The
VP/SSAO shall accept, reject, or modify the Board’s recommendation. The
VP/SSAO shall issue his/her decision to the Accused Student within five (5)
business days of receiving the Board’s recommendation.
5. Appeal
An Appeal of the Dean of Enrollment Management/SJAO decision is permitted only to
consider new evidence, which was not brought out in the original hearing because such
evidence was not reasonably known to the Accused Student at that time, and which is
sufficiently relevant such that it could alter the Dean of Enrollment Management/SJAO
decision.
An Appeal must be filed in writing with the Vice President of Enrollment Management and
Student Affairs/SSAO within five (5) days of the Accused Student’s receipt of the Dean of
Enrollment Management/SJAO decision.
Upon considering an appeal, the Appeals Officer may:
a. confirm the original decision and sanction; or
b. modify the original decision and/or sanction.
The Appeals Officer’s decision shall be final.
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