Student Rights, Responsibilities, and Appeals

Due Process

The College affords all persons involved in appeals due process. This includes the right to receive written notice of the alleged violation(s), the right to present evidence, and the right to be represented by counsel at their own expense. 

Standards of Conduct

The purpose of the Student Standards of Conduct is not to restrict freedom, but to protect the rights of all students in their academic pursuits. Students are expected to conduct themselves in accordance with generally-accepted standards, while appropriately incorporating the College’s core values.

Students are expected to conduct themselves accordingly and to be legally accountable for conduct that is prohibited. Students, employees, and guests are protected by Title IX laws and the Violence Against Women Act (VAWA).

Student Code of Conduct

Prohibited Conduct - Academic and Non-Academic

Prohibited conduct shall include but not be limited to the items listed below:

Academic-Related Violations 

1. Plagiarism is the intentional theft or unacknowledged use of another’s work or ideas. (Plagiarism includes, but is not limited to: paraphrasing or summarizing another’s words or works without proper acknowledgment; using direct quotes of material without proper acknowledgment; or purchasing or using a paper or presentation written or produced by another person. If a student is uncertain about what constitutes plagiarism, he/she should discuss with the class instructor.)
2. Cheating is using notes or other material on an exam or class work without permission from the class instructor; receiving information from another student during an exam; obtaining a copy of an exam or questions from an exam prior to taking the exam; submitting someone else’s work as one’s own; or having someone take one’s exam and submitting it as his/her own.
3. Aiding Acts of Academic Dishonesty is providing information to another student knowing, or reasonably should have known, that the student intends to use the information for cheating or other deceptive purposes.
4. Violations of Normal Classroom Behavior include not complying with reasonable rules issued by an instructor, causing disruption in the classroom, or being disrespectful to classmates or the instructor. (The conduct must be objectively severe or pervasive enough that a reasonable person would agree that the conduct is disruptive or disrespectful; not based on content or viewpoint discrimination.)

​​Non-Academic Related Violations

1. Theft, misuse, or damage to college property, the property of a member of the college community, or the property of a visitor on college premises or at college functions; unauthorized entry upon the property of the College or into a college facility or a portion which has been restricted in use and placed off limits; unauthorized presence in a college facility after closing hours
2. Possession or the use of alcoholic beverages on property owned or controlled by the College or at college-sponsored events is prohibited unless approved in writing by the College’s President. Possession of alcohol in college-owned vehicles and other places prohibited by law is not allowed at any time. Possession or the use of a substance in an illegal manner is prohibited. Being in a state of intoxication on the college campuses or college-sponsored events is prohibited. Any influence that may be attributed to the use of alcohol or other substances does not limit in any way the responsibility of the individual for the consequences of his/her actions.
3. Mental or physical abuse of any person on college premises or at college-sponsored activities, or at college-supervised functions, including severe and persistent verbal or physical actions which threaten or endanger the health or safety of any persons or which promote hatred or prejudice
4. Comments of a sexual nature, including innuendos, suggestive statements, jokes, propositions, threats, and degrading/discriminating/ stereotypical words whether directed at the victim or made in the victim’s presence: nonverbal - sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, and obscene gestures that are severe, persistent, unreasonably impactful, and outside the scope of academic pursuits
5. Unwanted physical contact, including touching, pinching, grabbing, and stroking, and when sexual penetration occurs may rise to the level of rape (Refer to the College’s Sexual Misconduct Policy for complete information.)
6. Intentional obstruction or disruption of teaching, research, administration or disciplinary proceedings, or at other college activities including public service functions, and other duly authorized activities on college premises
7. Occupation or seizure in any manner of college property, a college facility, or any portion thereof, for a use inconsistent with prescribed, customary, or authorized use
8. Participating in or conducting an assembly, demonstration, or gathering in a manner that threatens or causes injury to persons or property; which interferes with free access to ingress or egress of college facilities; which is harmful, obstructive, or disruptive to the educational process or institutional functions of the College
9. Possession or use of a firearm, incendiary device, explosive, or unauthorized use of any instrument designed to inflict serious bodily injury to any person (Possession of a firearm on campus is classified as a felony, except as allowed by State law.)
10. Setting off a fire alarm or using or tampering with any fire safety equipment, except with reasonable belief in the need for such alarm or equipment
11. Gambling
12. The use of tobacco products is prohibited on all campuses, including vaping.
13. Littering, which includes disposing of paper, bottles, cans, or any other form of litter on campus grounds or in any building
14. Violation of college regulations regarding the operation and parking of motor vehicles
15. Forgery, alteration, or misuse of college documents, records, or instruments of identification
16. Failure to comply with instructions of college officials who are acting in performance of their duties
17. Violation of the terms of disciplinary probation or any college regulation during the period of probation
18. Fiscal irresponsibility such as failure to pay college-levied fines and LCC Foundation loans or the passing of worthless checks to college officials
19. Violation of a local, state, or federal criminal law on college premises
20. Furnishing false or incomplete information to the College
21. Beepers, cell phones, and other communication devices must be turned off or placed on vibrate during classes. This restriction does not apply to emergency personnel, but emergency personnel should notify their instructors in advance.
22. Use of college computers or networking resources to engage in any behavior that violates any federal, state, or local laws, or college regulations including downloading of copyrighted material or any unauthorized software
23. Engage in any activity that might be purposefully harmful to systems or to any information stored thereon, such as creating or propagating viruses, disrupting services, damaging files, or making unauthorized modifications to college data
24. Failure to properly display college ID and/or update college ID

Other: In addition to this Code of Conduct, students will be held accountable to the individual program’s specific standards of conduct.

Discipline and Appeal for Academic Violations Procedure

The instructor is responsible for implementing student discipline procedures for academic related violations.  The College is committed to providing an excellent educational experience for all students.  Academic integrity is an essential component to this level of education.  The academic penalty for academic-related violations should be clearly stated by the instructor in each course syllabus and reviewed at the beginning of the first class meeting.  These procedures only apply to academic-related violations.

Instructor’s Investigation and Determination

Instructor’s Investigation

An instructor suspecting an incident of an academic-related violation shall follow these steps to address the concern:

1. The instructor suspecting the alleged violation shall first present concerns to the student and provide an opportunity for the student to explain or refute the concerns.
2. The student will be allowed to comment on the evidence or to present evidence to clarify the issue in question.
3. Based on the evidence presented and the student’s comments, the instructor shall determine whether or not an academic-violation has occurred.  This determination will result in one of the following findings
   1. An academic-related violation did not take place and the issue is resolved.
   2. An act of academic dishonesty did occur in the instructor’s opinion.

Instructor’s Determination

The instructor will communicate his/her findings via email to the student’s official college email address or official address of record within five (5) working days of the initial meeting with the student. The findings must contain, with specificity, the evidence supporting the instructor’s determination. The instructor shall also inform the student of the imposed academic sanctions. The sanction will remain in place unless modified or overturned on appeal.   

Sanctions for Academic Related Violations

The following sanction may be imposed for academic violations:

• Plagiarism/Cheating – First instance- the student will earn a zero on the assignment. Second instance, the student will earn an “F” for the course and will be referred to the respective dean for potential disciplinary action.
• Aiding Acts of Academic Dishonesty/ Violations of Normal Classroom Behavior- may result in temporary removal from the classroom: More severe cases will be referred to the Dean of Student Services/Title IX Coordinator.

Academic Appeal Procedures

1. A student who disagrees with the instructor’s decision may appeal to the division dean. This appeal must be submitted in writing within three (3) working days of receipt of the instructor’s decision and describe, with specificity, why the student believes the instructor’s findings to be in error. 
2. The division dean will conduct a review of the evidence by examining the instructor’s written findings and student’s written appeal.  The division dean may require the student, the instructor, and any other necessary party to provide additional documents as needed, including written statements, or provide written clarification to submitted documents.    
3. After considering the evidence presented, the division dean will affirm, modify, or overturn the instructor’s decision.
4. The division dean will inform the student via the student’s official college email address or official address of record of the decision within ten (10) working days of the receipt of the student’s appeal.
5. A student who disagrees with the division dean’s decision may contact the Vice President of Instruction in writing, within ten (10) working days of receipt of the decision to request an appeal before the ad hoc Academic Affairs sub-committee but only on the following grounds:
   1. Procedural error that significantly impacted the outcome of the resolution process and that was prejudicial to the appellant, and/or
   2. The availability of previously unavailable relevant evidence that would have significantly impacted the outcome of the resolution process and the absence of which was prejudicial to the appellant.

Recommendations of this committee regarding the appeal will be made to the President of the College within five (5) working days. The decision of the President will be final and no further appeal is allowed.

Note: Dismissal from a clinical site is not eligible for appeal through the College. A student dismissed from the clinical site will also be dismissed from the program.

Discipline and Appeal for Non-Academic Violations Procedure

Disciplinary Appeal Procedures

Any college employee or student may file a written complaint with the Dean of Student Services/Title IX Coordinator against any student for alleged non-academic violations of the Student Code of Conduct.  The individual(s) making the charge must complete and submit the written complaint within five (5) working days of the incident given rise to the alleged violation.

The Dean of Student Services/Title IX Coordinator will determine whether the violation constitutes a Title IX investigation. For cases of sexual misconduct, please refer to the LCC Sexual Misconduct Policy.

For all other violations, the Dean of Student Services/Title IX Coordinator will request an initial meeting with the student in order to determine whether disciplinary sanctions should be initiated. During the meeting, the Dean of Student Services/Title IX Coordinator will advise the student of the allegation(s), explain the student conduct process, and clarify the student’s rights and responsibilities. Every effort will be made to resolve the matter by mutual agreement. Following the preliminary meeting, the Dean of Student Services/Title IX Coordinator will take one of the following actions:

1. If there is no basis for the allegation or if it does not warrant disciplinary action the Dean of Student Services/Title IX Coordinator will dismiss the allegation.
2. If there is a basis for the allegation the Dean of Student Services/Title IX Coordinator will impose disciplinary action.
3. If the student fails to appear, the Dean of Student Services/Title IX Coordinator may find the student responsible and impose disciplinary actio

The student will be notified of the results of the investigation via their official college email address or mailing address of record within five (5) working days. The student will be granted ten (10) working days to respond to the investigation.

Sanctions for Violations

The following sanctions may be imposed for non-academic violations:

• Reprimand: A written or verbal communication that gives official notice to the student that any subsequent offense against the Student Code of Conduct or these guidelines will carry heavier consequences because of this prior infraction.
• A change of academic schedule
• A no contact order
• A campus restriction, which may include either areas of a given campus or one or more campuses as a whole
• Loss of Technology Privileges: A student may be excluded from all privileges associated with college technology access, including but not limited to email, Moodle, and network access and storage.
• Restitution: Students may be required to pay for damages suffered by the College, college employees, or other students.
• Withholding Academic Records and/or the Right to Register:  Withholding transcripts, diplomas, or the right to register or participate in graduation ceremonies is imposed when a student’s financial obligations are not met or the student has a disciplinary case pending final disposition.
• Mandatory counseling: The student may be required to attend one or more counseling sessions with a licensed professional counselor.  The student may be required to complete counseling before returning to the College after a period of suspension or expulsion.  The student must provide written documentation from the licensed professional that the requirement has been met.  Additionally, if required by the Dean of Student Services/ Title IX Coordinator, the student must also provide a statement from the licensed professional that the student is able to return to class based on his/her professional judgment.
• General probation: A student placed on general probation will be given an opportunity to show his or her capability and willingness to adhere to LCC’s Student Code of Conduct and these guidelines going forward. If he or she does so for the entirety of the time that the general probation is in effect, no further penalty will be imposed; if he or she violates the Student Code of Conduct or these guidelines during the time that the general probation is in effect, further disciplinary action will be taken. A general probation may be imposed for a period of time no longer than two semesters.
• Restrictive probation: Restrictive probation results in loss of the student’s good standing and will be recorded in the student’s file. Restrictive probation limits a student’s activity in the college community, including but not limited to exclusion from class(es), program(s), and/or specific campus locations. Generally, students on restrictive probation will not be eligible for initiation into any local or national organizations; may not receive any college award or other honorary recognition; and may not occupy a position of leadership or responsibility with any college or student organization, publication, or activity. A restrictive probation may be imposed for a period of time no shorter than two semesters. Any violation of restrictive probation may result in immediate suspension.
• Temporary Suspension:  Temporary suspension is the exclusion from all college property and all college activities pending the resolution of a disciplinary proceeding.
• Suspension: Suspension excludes a student from all college privileges and activities for a specified period of time. This sanction is reserved for those offenses warranting discipline more severe than probation or for repeated misconduct. Suspension will be recorded in the student’s file. A suspended student may return to the College only with the written approval of the Dean of Student Services/Title IX Coordinator.
• Expulsion: Expulsion strips a student of his or her status as a student and dismisses him or her from the College for an indefinite period. Expulsion will be recorded in the student file. An expelled student may be readmitted to the College only with the written approval of the Dean of Student Services/Title IX Coordinator.

All disciplinary actions should be progressive in nature and should take into account the totality of the situation; however, depending on the severity of the infraction, even first time offenses could result in suspension or expulsion.

Non Academic Appeal Procedures

A student who disagrees with the Dean of Student Services/Title IX Coordinator’s decision may contact the Vice President of Student Services and Institutional Effectiveness in writing, within ten (10) working days of receipt of the decision to request an appeal before the ad hoc Disciplinary Committee but only on the following grounds:

1. Procedural error that significantly impacted the outcome of the resolution process and that was prejudicial to the appellant, and/or
2. The availability of previously unavailable relevant evidence that would have significantly impacted the outcome of the resolution process and the absence of which was prejudicial to the appellant.

Note: Dismissal from a clinical site is not eligible for appeal through the College. A student dismissed from the clinical site will also be dismissed from the program.

Appeal to the Disciplinary Committee

Any appeal must be made in writing to the Vice President of Student Services and Institutional Effectiveness within ten (10) working days of the notice of decision.

If the Vice President of Student Services and Institutional Effectiveness deems the appeal to be warranted, he or she will refer the appeal to the ad hoc Disciplinary Committee to review.  

The ad hoc Disciplinary Committee will consist of three members (faculty and/or staff) selected by the President. The Vice President of Student Services and Institutional Effectiveness will chair the hearing but will not have a vote in the proceedings.   

The Disciplinary Committee will review the written record and has the right to conduct interviews with the student, any related witnesses, and the Dean of Student Services/Title IX Coordinator.

A written decision on the appeal will be issued within ten (10) working days of the receipt of the appeal. Recommendations of this committee regarding the appeal will be made to the President of the College within five (5) working days. The decision of the President will be final and no further appeal is allowed.

Disciplinary Committee Procedures

Pre-Hearing Procedural Responsibilities of the Vice President of Student Services and Institutional Effectiveness

The Vice President of Student Services and Institutional Effectiveness will select a date for the appeal hearing. At least five (5) working days prior to the date set for the hearing, the Vice President of Student Services and Institutional Effectiveness shall send notification to the student(s) with the following information:

• A restatement of the charge or charges
• The time and place of the hearing
• A statement of the students’ basic procedural rights
• A list of witnesses that the Dean of Student Services/Title IX Coordinator or designee plans to present
• The names of the ad hoc Disciplinary Committee members
• At least two (2) working days prior to the hearing, the student(s) will provide the Vice President of Student Services and Institutional Effectiveness with a witness list.

The following due process rights shall apply to the Disciplinary Committee hearing:

• The right to produce witnesses on one’s behalf
• The right to request, in writing, the President to disqualify any member of the Disciplinary Committee for prejudice or bias (The request must contain reasons.)  A request for disqualification, if made, must be submitted at least three (3) working days prior to the hearing.  If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the President.
• The right to present evidence
• The right to know the identity of the person(s) bringing the charge(s)
• The right to hear witnesses on behalf of the person(s) bringing the charge(s)
• The right to testify or to refuse to testify without such refusal being detrimental to the student

The following hearing procedures shall apply:

• Hearings before the Disciplinary Committee shall be confidential and shall be closed to all persons except the following:
  • The student(s),
  • Disciplinary Committee members, and
  • Dean of Student Services/Title IX Coordinator, or designee.
• Witnesses shall only be present in the hearing room when giving their testimony.   
• The Dean of Student Services/Title IX Coordinator, or designee, shall present evidence and witnesses to support his/her decision. Disciplinary Committee members may ask questions to the witnesses.
• The student(s) will then have an opportunity to present evidence and witnesses.  Disciplinary Committee members may ask questions to the witnesses.
• Each side will have an opportunity to make a short, closing argument.  The hearing will be transcribed by a certified cart reporter.  The transcription will become the College’s property and access to the transcription will be determined by the Vice President of Student Services and Institutional Effectiveness.  All transcriptions will be filed in the office of the Vice President of Student Services and Institutional Effectiveness.   
• Upon completion of a hearing, the Disciplinary Committee shall meet in closed session to affirm, reverse, or modify the Dean of Student Services/Title IX Coordinator’s decision.
• Disciplinary Committee decisions shall be made by majority vote.
• Within two (2) working days after the hearing, the Vice President of Student Services and Institutional Effectiveness shall notify the student, in writing, with the Disciplinary Committee’s decision.
• The decision of the Disciplinary Committee is final and no further appeal is allowed.

Student Grievance Procedure

GRIEVANCE PROCESS

Lenoir Community College (LCC) has established the following process for resolving student disputes with other students, employees, or visitors, regardless of status (full-time, part-time, temporary, contractual, and work-study students) or role (administrators, faculty, and staff).

The student grievance procedure applies to all student issues, except for the following:

· Grade appeals are addressed through the Grade Appeal Process

· Grievances involving Title IX (sexual misconduct) are addressed in the LCC Sexual Misconduct Policy

· Grievances involving anti-harassment, or the Americans with Disabilities Act (ADA) should be reported to the Student Support and Accessibility Advisor.

· Academic appeals are addressed through the Discipline and Appeal for Academic Violations Procedure

· Conduct appeals are addressed through Discipline and Appeal for Non-Academic Violations Procedure

The student grievance procedure may be used by individuals who were LCC students at the time the incident occurred. The individual filing the grievance must be the subject of the alleged unfair treatment that is related to their status as a student. A grievance cannot be filed on behalf of another individual.

At any point during the informal or formal grievance process, a student or the person alleged to have caused the grievance may request Supportive Measures which are non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge. Such measures are designed to restore or preserve equal access to the College’s Education Program or Activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment. Supportive Measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, and mutual restrictions on contact between the parties. To request Supportive Measures, the individual should contact the Dean of Student Services.

Informal Procedure

Prior to filing a formal grievance, students are strongly encouraged to discuss their grievances with the person alleged to have caused the grievance. The purpose of this informal discussion is to provide the student, faculty member, or other person with authority the opportunity to address and resolve the grievance at the lowest possible level. This meeting should occur within ten (10) working days of the incident.

Should an informal discussion fail to produce a satisfactory settlement of the grievance, or the student does not wish to have direct contact with the person alleged to have caused the grievance, the student should contact their Academic Dean or the Dean of Student Services who will attempt to mediate a resolution. This should occur within ten (10) days of the incident or previous informal discussion. If these

informal discussions do not satisfactorily resolve the grievance, the student may initiate a formal complaint.

Formal Procedure

The student submits a formal Student Grievance in writing to the Dean of Student Services within ten (10) working days of the informal meeting. Grievances may be filed in person or by email. This statement should include details of the incident, the dates of any meetings and prior discussions held to resolve the grievance and any supporting documentation.

Within ten (10) working days of receipt of the formal grievance, the Dean of Student Services logs the formal grievance and determines whether the student has met the criteria outlined in this procedure. If the criteria have been met, the Dean of Student Services begins an investigation and notifies all parties involved. If the criteria have not been met, the grievance is denied and an explanation of the rationale for the denial is communicated in writing to the student. If the issue raised by the student is not a grievance concern, the Dean of Student Services may refer the student to other procedures.

The Dean of Student Services will determine an appropriate resolution within ten (10) working days of the initiation of the investigation and will communicate the decision to the student, employee, appropriate supervisor, and appropriate vice president. If the investigation requires more than ten (10) working days, all parties will be notified of the delay. The decision of the Dean of Student Services is final, except in the circumstances outlined in the appeals procedure.

APPEALS

A student who disagrees with the Dean of Student Services’ decision may contact the Vice President of Student Services and Institutional Effectiveness in writing, within ten (10) working days of receipt of the resolution to request an appeal before the ad hoc Disciplinary Committee but only on the following grounds:

· Procedural error that significantly impacted the outcome of the resolution process and that was prejudicial to the appellant, and/or

· The availability of previously unavailable relevant evidence that would have significantly impacted the outcome of the resolution process and the absence of which was prejudicial to the appellant.

· The resolution imposed is substantially disproportionate to the grievance/complaint.

The Appeal process will follow the steps outlined under Non Academic Appeal Procedures.

Grade Appeal Process

It is recognized that there may be individual cases in which a student should be allowed to make a formal appeal related to a final grade assigned for a particular course taken at the College. The following procedure will enable a student to exercise this right:

Any appeal of a final grade should be initiated prior to the end of the next regular term. In cases where the student is dismissed from a program, the student should not be allowed to return to any lab or clinical area during the appeal process.

The student should confer with the instructor to determine that there has been no mistake and to present his or her case.

If the case is not resolved by the instructor, the student may make an appointment with the instructor’s immediate supervisor (program chair or director) who will hear his or her appeal.

If the case cannot be resolved at the departmental level, the student may make an appointment with the dean within whose area the protested grade was awarded.

Any case not resolved by the above steps may be appealed in writing to the Vice President of Instruction who may convene the ad hoc Academic Affairs sub-committee.

Recommendations of this committee regarding the appeal will be made to the President of the College within five (5) working days. The decision of the President will be final and no further appeal is allowed.