Student Code of Conduct and Dispute Resolution Procedures

 I. Introduction

William Rainey Harper College has certain non-negotiable values in which it believes strongly. These core values are:
Integrity
Respect
Excellence
Collaboration


These values are the hallmark of the College and will be protected vigorously. When students choose to attend Harper College, they accept the rights and responsibilities of membership in the College’s academic and social community. Each person has the right and ability to make personal decisions about his or her own conduct. Just as importantly, each person has the responsibility to live with the consequences of his or her decision-making.

The Student Code of Conduct is the policy of Harper College presented herein that details the rights and responsibilities of students. The Student Code of Conduct describes possible misconduct that is inconsistent with the essential values of Harper College. It lists procedures to respond to such behaviors, and it suggests possible sanctions that are intended to educate and to safeguard members of the College. If you have any questions about this Code, please contact the Office of the Vice President for Student Affairs (Wojcik Conference Center, W307, 847.925.6738).

II. Student Dispute Resolution

A. Student Rights
Students have rights which are granted by the United States Constitution and which may be exercised in the College as in other public institutions. The law recognizes that these rights are subject to restraints that may be imposed because of the College’s role and function. Since the scope and meaning of constitutional rights are evolving, it is impossible to set forth all rights in this handbook. Any rights set forth, therefore, are not to be read as an exclusion of rights not delineated
.
It is the practice of the Board of Trustees of William Rainey Harper College to respect the properly exercised rights of its students. If a student believes that his/her proposed conduct or speech may infringe upon the College’s role and function or he/she is unclear as to these rights, he/she is encouraged to secure the advice of the Vice President of Student Affairs or designee prior to taking action. The prior advice is not, however, a condition to the student’s exercise of rights.

In all such complaint proceedings the student is encouraged to pursue informal resolution of the complaint.

B. Student Academic Complaints
As members of the educational community, students have the right to express their opinions as to the fair treatment of their academic achievements, such as the grading process. Students shall express these concerns initially with the appropriate faculty/staff member in an informal manner by contacting the faculty/staff member and requesting a conference. The student must contact the faculty/staff member with such concerns within ten (10) school days of the occurrence giving rise to the concerns.

If the concerns are not resolved to the student’s satisfaction after the informal discussion, the student may submit a complaint in writing to the department chair, coordinator or director of the faculty/staff member involved within ten (10) school days after the informal discussion or ten (10) school days after the initial contact, whichever is later. In filing the written complaint, the student may request a meeting with the department chair, coordinator or director. The written complaint must specify the specific complaint(s) together with the desired resolution(s). The individual receiving the complaint must review the complaint and respond in writing to the student within ten (10) school days after receiving the complaint or after holding the optional meeting, whichever is later. If the results of the review are unsatisfactory to the student, the student may then appeal in writing to the dean of the appropriate division within ten (10) school days after receipt of the written response. If the results of the review are unsatisfactory to the student, the student may appeal in writing to the Vice President of Academic Affairs or designee within ten (10) school days after receipt of the written response. The student may request a meeting with the Vice President or designee. The Vice President or designee shall issue a written response to the student within ten (10) school days after receipt of the appeal or after holding the requested meeting, whichever is later. The decision of the Vice President shall be final.

*“School days” are defined as those weekdays (Monday through Friday) when classes are in session.

C. Student Non-Academic Complaints
The Vice President of Student Affairs or designee shall be responsible for responding to complaints from students on non-academic issues. These issues include, but are not limited to, refunds, admissions, withdrawals, transcripts, and use of facilities. Students shall express their concerns initially with the appropriate faculty/staff member in an informal manner by contacting the faculty/staff member and requesting a conference. The student must contact the faculty/staff member with such concerns within ten (10) school days of the occurrence giving rise to the complaint. It is also recommended, but not required that the student contact the Ombudsperson to facilitate an informal resolution of the complaint.

If the concerns are not resolved to the student’s satisfaction, the student may submit a complaint in writing to the department chair, coordinator or director of the faculty/staff member involved within ten (10) school days of the information discussion, or ten (10) school days after the initial contact, whichever is later. In filing the written complaint, the student may request a meeting with the department chair, coordinator or director. The written complaint must specify the specific complaint(s) together with the desired resolution(s). The individual receiving the complaint must review the complaint and respond in writing to the student within ten (10) school days after receiving the complaint or after holding the meeting, whichever is later. If the results of the review are unsatisfactory to the student, the student may appeal in writing to the dean of the appropriate division, in the case where there is one, within ten (10) school days after receipt of the written response. If the results of the dean’s review are unsatisfactory to the student, or in cases where there is no dean, the student may appeal in writing to the Vice President of Student Affairs or designee. The Vice President or designee shall issue a written response to the student within ten (10) school days after receipt of the appeal. The decision of the Vice President shall be final.

*“School days” are defined as those weekdays (Monday through Friday) when classes are in session.

III. Violations of the Student Code of Conduct

Whenever a student commits or attempts to commit a violation of the Student Code of Conduct on the College campus, or at an activity, function or event sponsored or supervised by the College, discipline and sanctions may be imposed on the student. Violations of the Student Code of Conduct include but are not limited to:

  1. Possession, use or distribution of an illegal or controlled substance, or look-alike drug.
  2. Unauthorized and/or illegal possession, use or distribution of any alcoholic beverage.
  3. Theft of property or services.
  4. Intentional or willful and wanton destruction of property.
  5. Assault and/or battery.
  6. Conduct which constitutes harassment or abuse that threatens the physical or mental well-being, health or safety of any individual.
  7. Sexual assault or sexual harassment of another person.
  8. Possession or use of weapons or explosive devices.
  9. Trespassing on College property or other unauthorized use of College property or services including trespassing or unauthorized use of College Computer Network.
  10. Academic dishonesty, including cheating, plagiarizing, or furnishing false information on such forms as transcripts or applications for admission.
  11. Disrupting the peace, the education process or related activity.
  12. Failure to comply with the direction of an authorized College employee or representative who is performing his/her duties.
  13. Any conduct that constitutes a violation of the terms of any discipline imposed in accordance with this procedure.
  14. Any conduct that constitutes a violation of a Federal or State law, local ordinance or College rule or regulation.
Discipline may also be imposed whenever a student commits a violation of the Student Code of Conduct, as described above, off campus if there is a direct relationship between such act and the College.

A. Initiating the Resolution Process
Any person may file a complaint against a student for a violation of the Student Code of Conduct by filing a complaint in writing with the Office of Student Affairs on a form furnished by that office. The complaint shall describe the conduct that allegedly violates the Student Code of Conduct.

The College encourages students, faculty and staff to resolve disputes informally whenever possible. Parties are encouraged to contact the College Ombudsperson and/or to inquire about mediation wherever appropriate. Information regarding the Ombudsperson and mediation is available in the Office of Student Affairs.

B. Resolution Process
  1. Preliminary Investigation
    The Office of Student Affairs shall be responsible for determining the validity of the complaint and conducting a preliminary investigation when appropriate. The filing of a complaint assumes that the complainant desires an inquiry to be initiated that may result in an official disciplinary action. The Vice President of Student Affairs shall determine the appropriate steps to take following the preliminary investigation, which may include, but not be limited to: a finding of sufficient cause to pursue a charge of violation of the Student Code of Conduct; a termination of the investigation and complaint; and/or encouraging the use of mediation.
  2. Informal Resolution/Mediation
    If there is insufficient cause found to pursue a charge of violation of the Student Code of Conduct, or if the Vice President of Student Affairs believes that the issues raised may best be resolved through mediation, the person filing the complaint may be encouraged to pursue informal means of resolution, including mediation and/or contacting the College Ombudsperson. If the complainant would like to pursue mediation, the complainant can request that the Vice President of Student Affairs or designee contact the student named in the complaint to explain the mediation option and invite the student to participate. Mediation is a voluntary process that involves both parties sitting down together with a trained, neutral third-party to discuss issues of concern and design a resolution of these issues. Mediation often results in a written agreement that is drafted together by both parties.
C. Initial Meeting
If there is sufficient cause found to believe that the student violated the Student Code of Conduct, the Vice President of Student Affairs shall inform the student in writing of the charges against him/her including the specific provision of the Code of Conduct that was violated, his/her right to a hearing on the charges, and the resolution procedures.
  1. Pre-hearing Meeting
    The Vice President of Student Affairs or designee shall schedule a pre-hearing meeting between the student and the Resolution Coordinator (designated by the Vice President of Student Affairs) to discuss the complaint, the resolution process, and the student’s rights; and to give the student a chance to examine the charges brought against him/her and to respond to those charges. The Resolution Coordinator will also answer any questions the student has regarding the process, the charges, and the effect of possible sanctions.
  2. Student’s Choice of Resolution
    At the pre-hearing meeting, the student will be given two choices for how he/she would like to proceed with the resolution process:
    a. Where the complaint includes a violation that would not warrant suspension or expulsion, the student and the Resolution Coordinator may agree to an informal resolution of the alleged violation. In this case, the student and the Resolution Coordinator shall discuss the facts of the alleged violation and the student may accept responsibility for a violation of the Student Code of Conduct. The student and the Resolution Coordinator may then develop a plan together to resolve the issues involved in the misconduct, which may include agreed upon sanctions. In this instance, the student, after being informed of his/her rights, waives the right to a formal hearing by signing a waiver form, accepts the sanction that has been applied, and chooses to resolve the matter informally.
    b. The student may choose a formal hearing before a Resolution Board. The Resolution Board consists of five members, three faculty and two student members who are appointed by the Student Life Committee from a pre-appointed pool of seven faculty members and five student members. If in summer, the Student Life Committee or pre-appointed pool cannot convene, the administrator and/or Chair of the Student Life Committee will approve five members (consisting of three faculty or staff and two student members). The Resolution Coordinator will inform the student of the hearing date and time by certified mail, return receipt requested, by mailing the notice at least five (5) school days prior to the hearing date.
  3. Possible Discipline Prior to Hearing
    If, in the opinion of the Resolution Coordinator, the student is a danger to self or others, is a threat or disruption to the educational process, cannot be found, or refuses to attend a pre-hearing meeting or a hearing, the Resolution Coordinator can impose disciplinary measures without first providing a hearing. In such event, the Resolution Coordinator shall send written notice by certified mail, return receipt requested to the student. The notice shall state the specific discipline imposes, the reason for the discipline and request the student to attend a conference or a hearing within five (5) school days after the notice is received. If the student does not attend the scheduled conference or hearing, it will be deemed that his/her right to a conference or hearing has been waived.
D. Resolution Board Hearing Procedures
  1. The Resolution Board shall consist of five members, two of whom must be students and three of whom must be faculty. Official action will require four votes. Alternate Resolution Board members shall be available for each hearing.
  2. The Resolution Board hearing shall be facilitated by the Chairperson of the Resolution Board.
  3. Prior to the hearing, the members of the Resolution Board shall have agreed to and signed the “Resolution Board Member Responsibilities” form.
  4. All Resolution Board hearings shall be held in closed session.
  5. The student may be represented by an attorney or other representative. If the student does not attend, but the Office of Student Affairs has proof of notice to the student, the Resolution Board may choose to proceed with or reschedule the hearing.
  6. The hearing may be recorded stenographically or by tape. If either party causes a recording to be made, the other party shall be offered an opportunity to purchase a copy of the transcript of the tape.
  7. At the commencement of the hearing, either party may request exclusion of witnesses except for representatives of the parties and state the reason for this request. The Resolution Board will make the final determination on any exclusion of witnesses.
  8. The complainant(s) and the student may make short opening statements.
  9. The complainant(s) shall first present evidence. The student may cross-examine all witnesses in attendance and review any written evidence presented by the complainant(s).
  10. The student may then present evidence to refute the charges. The complainant(s) may cross-examine all witnesses in attendance and review any written evidence presented by the student.
  11. The Resolution Board may, at any time, direct questions to the parties or their witnesses.
  12. At the close of the student’s case, the complainant may be given the opportunity to rebut any of the evidence presented.
  13. The Resolution Board may receive all relevant oral or written evidence without regard to the legal rules of evidence, provided such evidence is relevant material and would be relied upon by reasonably prudent persons in the conduct of their affairs.
  14. The Resolution Board may review a student’s academic and disciplinary records in determining the appropriate sanction after it has determined whether a violation of the Student Code of Conduct has been made and whether the student is responsible.
  15. If, during the preliminary investigation, it is determined that any witness would be subject to physical or mental harassment or that an emergency exists, the party requesting the witness’s presence may ask the witness to prepare a written summary of his/her testimony. The summary shall include the reason for the witness’s absence and a statement verifying that the contents of the summary are true. If an imminent fear of reprisal exists, the Resolution Coordinator may also present a written statement in which the witness’s identity has been concealed.
  16. The complainant(s) and the student may make closing statements at the conclusion of the hearing concerning both the issue of violation of the Student Code of Conduct and appropriate sanctions.
  17. There are two possible outcomes for a Resolution Board Hearing:
    a. The student may be found not responsible for violating the Student Code of Conduct.
    b. The student may be found responsible for violating the Student Code of Conduct by a preponderance of the evidence.
    If the student is found responsible for violating the Student Code of Conduct, the Resolution Board shall determine the appropriate sanction(s) for the student.
  18. The Resolution Board shall render its written decision within ten (10) school days after the end of the hearing by forwarding its findings and recommendations to the Resolution Coordinator.
E. SANCTIONS
The Resolution Coordinator shall review the recommendations of the Resolution Board and shall advise the student of the final decision by written notice sent by certified mail, return receipt requested, or personal delivery within ten (10) school days of receipt of the recommendations.
  1. Notice of Decision
    If a student has accepted responsibility or has been found to have violated the Student Code of Conduct, the notice to the student shall include:
    a. the specific provision of the Student Code of Conduct that was violated;
    b. the sanction(s) imposed and the date of commencement;
    c. a statement of the student’s right to appeal in writing to the Vice President of Student Affairs;
    d. a statement that a failure to file a timely request for such an appeal shall be deemed a waiver of the right to an appeal.
  2. Determination of Sanctions
    In keeping with the essential values of Harper College, sanctions are designed to promote Harper’s educational mission. Sanctions may also serve to promote safety or to deter students from behavior that harms, harasses, or threatens people or property. Some behavior is so harmful or disruptive to the College community or to the educational process that it may require more serious sanctions, such as removal from specific courses or activities, suspension from Harper College, or expulsion. More than one sanction may be recommended.
    Although the following is in no way binding or definitive, several factors that go into determination of appropriate sanctions include:
    a. The nature of the violation (what the student did)
    b. Prior violations/previous disciplinary history (what the student has done before)
    c. Mitigating circumstances surrounding the violation (unusual circumstances)
    d. The student’s motivation for the behavior (why the student chose to do what he/she did)
    e. Sanctions involved in cases involving similar violations (precedent)
    f. The developmental and educational impact (how is this going to affect the student)
  3. Possible Sanctions
    Multiple sanctions may be imposed. Possible sanctions include but are not limited to one or more of the following:
    a. Expulsion: Expel a student from the College, a program, course or activity on a permanent basis.
    b. Suspension: Suspend a student from the College, a program, course or activity for a specific period of time.
    c. Prohibition on Re-enrollment: Bar a student from re-enrollment in the College, a program, course or activity for a specific or unlimited period of time in the event a student withdraws prior to being suspended or expelled.
    d. Conditional Enrollment or Re-enrollment: Condition a student’s enrollment or re-enrollment on specific actions or refraining from specific actions.
    e. Disciplinary Probation Status: Place a written reprimand in the student’s file admonishing him/her about the conduct and warning that further conduct in violation of the Student Code of Conduct may result in additional sanctions.
    f. Community and/or College Service: A student may be offered an opportunity to complete a specified number of hours of Community and/or College Service.
    g. Educational Requirements: A provision to complete a specific educational requirement directly related to the violation committed. The provision will be clearly defined. Such educational requirements may include, but are not limited to, completion of an alcohol education workshop, a diversity awareness workshop, essays, reports, etc.
    h. Remedial Action: An agreement between the student and the Office of Student Affairs that the student shall pursue specific remedial action.
    i. Probation and/or Restrictions: The withdrawal of specified privileges or restrictions on action for a definite period of time (i.e., restriction from entering specific College areas and/or all forms of contact with certain person(s)).
    j. Restitution: A payment for financial injury to an innocent party in cases involving theft, destruction of property or deception.
    k. Reprimand: A formal letter of warning or final warning shall be placed in the student’s file.
F. Appealing the Resolution Process
An appeals process is an essential safeguard for an imperfect human process that attempts to be fair. The appeal process is available to each party. Appeals may be filed for the following reasons:
  1. Proper procedures were not followed.
  2. There is new evidence not reasonably available at the time of the hearing or the imposition of the sanction.
  3. The evidence clearly does not support the finding(s).
  4. Sanctions are excessive relative to the violation.
All appeals must be submitted in writing to the Vice President of Student Affairs within ten (10) days of receipt of the student’s notice from the Resolution Coordinator of the final decision. The Vice President of Student Affairs will render a decision within ten (10) days after receipt of the appeal. A copy of this decision shall be sent to the student.

G. Results of Resolution Process.
If the final disposition of a complaint is that the student did not violate the Student Code of Conduct, the student’s record shall be expunged of the complaint.

IV. Disciplinary Records
Disciplinary records will be maintained by the College as part of the student’s education record in accordance with the Family Educational and Privacy Rights Act 20 U.S.C.S. §1232g.

If a student is found not responsible for misconduct under the Code of Conduct, the record regarding a complaint filed will be purged from the student’s education record. If a student is found responsible of misconduct or accepts responsibility for misconduct, the disciplinary record may be maintained in the student’s education record for up to four (4) years from the time of conclusion of the student code of conduct resolution process. Separate disciplinary records may also be maintained by the Office of Student Affairs apart from the student’s education record, in cases where there is evidence of a danger or threat of violence.

A student’s education records, including disciplinary records, will only be disclosed with written consent of the student’s parents or an eligible student (student who has reached the age of 18 or older), except as otherwise allowed pursuant to the Family Educational and Privacy Rights Act and its implementing regulations. Appropriate disclosure of disciplinary records without consent includes:
  • disclosure of information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interest in the behavior of the student;
  • disclosure of information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution governing the use or possession of alcohol or controlled substance to a parent or legal guardian of a student if the student is under the age of 21 and the institution determines that the student has committed a disciplinary violation with respect to such use or possession; and
  • disclosure of information to any alleged victim of any crime of violence as defined in 18 U.S.C.S §16 or of a non-forcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of the crime or offense and shall include disclosure of the final results of any disciplinary proceeding conducted by the College against the student who is the alleged perpetrator of any crime of violence (as defined in 18 U.S.C. §16) or non-forcible sex offense if the institution determines as a result of the disciplinary proceeding that the student committed a violation of the College’s rules or policies.
Final results of any disciplinary proceeding includes only the name of the student, the violation committed, and any sanction imposed by the College on that student and may include the name of any other student, such as a victim or witness, only with the consent of that other student. The sanction imposed means a description of the disciplinary action, the date of its imposition, and its duration. The violation committed means the institutional rules or codes of conduct sections that were violated and any essential findings supporting the institution’s conclusion that the violation was committed.