Code of Student Conduct

General Policies

Admission to TBCC carries with it the presumption that students will conduct themselves as a responsible member of the college community.

Thus, when a student is admitted to and/or enrolled at TBCC, the student likewise assumes the obligation to observe standards of conduct which are appropriate to the pursuit of educational goals.

Students shall generally have an opportunity to participate in the formulation of policies and rules pertaining to student conduct and, to the extent legally permitted, in the enforcement of such rules. TBCC administration and its Board, however, retain the authority to create and enact college policy.

Programs based on contracts with government agencies or external funding sources operated outside of the campus may adopt separate conduct procedures consistent with TBCC’s code of student conduct, the program’s goals, and the principle of due process for all parties.

TBCC may take appropriate disciplinary action when student conduct deemed by a college director, vice president, or designee to be disruptive to the operation of the college, or constitutes one or more of the behaviors identified below.

Violations

Disciplinary action may result from the commission of any of the actions listed herein, or any violation of civil or criminal law while on college property or while engaged in any college activity:

• Academic cheating or plagiarism or aiding or abetting cheating or plagiarism, which may also result in academic penalties under the college’s academic integrity policy.
• Furnishing false information to the college with the intent to deceive the college or any person or agency.
• Forgery, alteration, or misuse of college documents, records, or identification cards whether in written or electronic form.
• Unauthorized use or access of college electronic communications media, equipment, files or data or failure to comply with TBCC terms of usage.
• Abuse, harassment, intimidation, or threatening of a student, staff member, vendor, visitor, or invited guest of the college.
• Malicious destruction, damage, or misuse of college or private property (including library materials).
• Theft or conversion of college property.
• Failure to comply with the lawful directions of college personnel acting in performance of their duties.
• Unwanted contact or communication of any nature with another student or a staff member after being advised by a college official or the other student that such contact or communication is unwelcome.
• Any behavior that is disruptive to the educational process of the college as determined by a college official.
• Interference by force or by violence (or by threat of force or violence) with any administrator, faculty or staff member, or student at the college who is in the discharge or conduct of his/her duties or studies.
• Possession, consumption, being under the influence or furnishing of alcoholic beverages (as identified by federal or state law) on college-owned or controlled property or at college or student organization supervised functions, except as provided by rules and procedures of the TBCC Board of Education.
• Possession, consumption, being under the influence or furnishing of any narcotic or dangerous drug, as defined by ORS 475 and ORS 167.203 to 167.252 [as now law or hereinafter amended], except when use or possession is lawfully prescribed by an authorized medical doctor or dentist.
• Violations of published college regulations, including those related to entry and use of college facilities, the rules in this section, and any other college regulations which may be enacted.
• Conduct that substantially interferes with the college’s educational responsibility of ensuring the opportunity for all members of the college community to attain their educational objectives, or the college’s subsidiary responsibilities, including (but not limited to) record-keeping, providing miscellaneous services, and sponsoring out-of-class activities such as lectures, concerts, athletic events, and social functions.
• Failure to disperse when an assembly is ordered to disperse by college officials.
• Failure to comply with a notice against trespass.
• Failure to comply with the following rules regarding firearms and weapons:
  • The use, carrying, exhibiting, or displaying of any weapon (as defined by Oregon Revised Statute 161.015), or facsimiles thereof, is prohibited on or in college facilities, except as provided by Oregon law or when approved by college administration for official college activities.
  • Explosives, incendiary devices, or any facsimiles thereof are prohibited on or in college property, except as provided by Oregon law, or when approved by College administration for official college activities.

The above rules do not apply to equipment or materials owned, used, or maintained by the college, used by the college or under college direction, nor to law enforcement officers or campus security personnel.

If a student is charged or convicted of an off-campus violation of the law, the matter shall be no cause for disciplinary action by the college unless there is a reasonable possibility, as determined by a director or the Vice President of Instruction, that the behavior is substantially likely to disrupt the educational process of the college.

Sanctions

The college Board has directed the college president, pursuant to ORS 341.290, to establish administrative rules to govern the college and its students, and to administer disciplinary action. Sanctions shall be primarily administered by the college director or vice president deemed most appropriate in relation to the violation. Generally, safety violations will be directed to the director of facilities, safety, and human resources, student conduct and academic progress violations will be directed to the Vice President of Student Services, and academic integrity violations will be directed to the Vice President of Instruction. The V.P. of student services; the director of facilities, safety, and human resources; or the V.P. of instruction may impose the following sanctions for violations of the code of student conduct:

• Expulsion from TBCC (i.e., permanent removal of the privilege to attend TBCC);
• Suspension from TBCC for a definite period of time and/or pending the satisfaction of conditions for re-admission, (i.e., suspension of the privilege to attend TBCC);
• Removal from class(es) for which the student is currently registered;
• Restitution for damages;
• A specified period of college and/or community service;
• Disciplinary probation with or without the loss of privileges for a definite period of time. The violation of the terms of the disciplinary probation or the breaking of any college rule during the probation period may be grounds for suspension or expulsion from the college;
• Disciplinary admonition and warning.
• Any other sanction the college deems educationally appropriate.
• The parents or guardian of any student under 16 years of age who receives a sanction under the code of student conduct shall be notified.

Disciplinary Due Process Hearing Procedures

In keeping with the educational purposes of the college, disciplinary actions other than those requiring expulsion are intended to be remedial rather than punitive. Often disciplinary proceedings will be conducted informally between the student(s) and the designated college official listed above.

Classroom Conduct

Each faculty member is responsible for conduct in class and is authorized to take such steps as are necessary when behavior of a student interrupts the normal class procedure. When behavior is so serious as to result in expulsion from the class, the faculty member may remove students from class for one day and may also require students to meet with the instructor and/or V.P. of instruction to identify and set conditions for their return to the class. Permanent removal of a student from a class or classes may only be imposed by the designated college official listed above in section C or designee pursuant to the provisions of the code of student conduct.

Student Conduct

Students in violation of institutional regulations or civil or criminal law shall be so informed.

During investigation of the charges, the status of the student shall not be altered nor shall the right to be present on the campus and to attend classes be suspended except for reasons related to the safety and well-being of other students, faculty, staff, or college property, or which relate to or interfere with the orderly operation of the college, as determined by the V.P. of student services or designee.

The student has the right to appeal any disciplinary (as distinct from academic) action to the president solely on the basis of alleged procedural violation(s). If a violation is found to have occurred, the President will remand the case to the V.P. of student services or designee for reprocessing.

No disciplinary sanction shall be imposed unless the student has been notified of the charges against him/her and the nature and source of the evidence. In cases in which the college does not intend to suspend or expel a student, the source of information may be kept confidential if, in the discretion of the designated college official listed above in section C or his/her designee, he/she believes that revealing the source would create a risk of physical or emotional harm to the source, or might otherwise have a chilling effect on enforcement of these rules. Students subject to these sanctions will be allowed to present their cases to an appropriate college official and to have a chosen advisor in attendance. Advisors are not permitted to present the case but may advise the student.

Both the college and the student may seek legal advice at their own expense, but, to avoid an adversarial situation, neither the college nor the student will be represented by an attorney during any meeting or hearing involving the college and the student.  Students may withdraw from college of their own volition at any time during the disciplinary process. Disciplinary sanctions may still be assessed, however, if a student withdraws from the college prior to the completion of the disciplinary process, or elects not to participate in disciplinary proceedings.

Formal Resolution

In cases that are not resolved informally, the director or vice president shall use the following hearing procedure:

Step 1: At an initial conference with the director or officer as designated in section C the student will be informed verbally and in writing of the charges and the maximum penalty which might result from consideration of the disciplinary matter. The college retains the right, upon learning new information and giving notice to the student, to revise the proposed maximum penalty.

Step 2: The student must submit all of his/her evidence within seven calendar days of the initial conference.

Step 3: After considering the evidence in the case and interviewing persons as appropriate, the director or officer, may take one of the following actions:

• Terminate the proceedings, exonerating the student.
• Dismiss the case after appropriate counseling and advice.
• Impose an appropriate sanction as described above.

The student shall be notified in writing of the decision of the director or vice president.

Step 4: The student may appeal a sanction imposed if the student feels that additional information is available that has bearing on the situation. The student may file this appeal by bringing the additional information to the designated director or officer.

If students decide to appeal decisions on the basis of alleged violation of due process, they may do so by filing a written appeal with the president or designee within seven calendar days of the decision. The president or designee shall render a decision regarding the alleged violation of due process within seven calendar days of its filing.

Readmission after Suspension

A student suspended from the college may be readmitted only on written petition to the director or officer with responsibility over the issue leading to the suspension. Petitions must, if applicable, indicate how specific reinstatement conditions have been met and reasons which support reconsideration. The director, vice president, or designee shall convey his/her decision in writing to the student. If the student decides to appeal the decision, a first appeal may be made to the designated director or vice president. The director or vice president shall convey his/her decision in writing to the student and shall express his/her reasons for the decision. The director or officer sends this report to the college president. The decision of the college president is final.

Records

Records of all disciplinary actions shall be kept as part of the student record by the V.P. of student services in accordance with the state archival policies.