Students Rights, Freedoms and Responsibilities

Treasure Valley Community College

Treasure Valley Community College (TVCC) has adopted the following Administrative Regulations on "Students Rights, Freedoms and Responsibilities," (SRF&R) as a basic policy involving the following areas:

Freedom of Access to Higher Education

The Classroom

Student Affairs: Out-of-Class Student Rights

Student Records

Off-Campus Rights of Students

Student Conduct and Disciplinary Standard

Disciplinary Procedures

Grievance Procedures

I. Freedom of Access to Higher Education

The policy of TVCC is that all person, regardless or :race, religion, physical/mental disability, age, national origin, color, gender, or sexual orientation have the opportunity for equal access to post-secondary education. Its also recognized that educational financial resources, facilities and programs are limited; and to the extent possible, all U.S. citizens who are qualified, according to current admission standards, will be admitted in accordance with the international student laws and regulations.

*Students are protected from harassing behavior by any manager, supervisor, faculty, staff or student. Any student who believes they have been discriminated against or harassed by any college member should refer to the colleges' Affirmative Action Plan. The Affirmative Action Plan contains procedures for grievances and complaints to be dealt with so a redress can be reached.

II. The Classroom

Students shall have the right of free discussion, inquiry, and expression. Student shall be evaluated on academic and technical performance.

A. Protection of freedom of expression

Students are free to:

1. Take reasoned exception to the data, opinions or views offered in any course of study; and

2. Retain personal judgment about matters of opinion.

B. Protection against improper academic evaluation:

Students shall be protected against capricious or arbitrary academic evaluation.

C. Protection against improper disclosure:

Information about student views, beliefs, and political associated which teachers become aware of in the course of their work as instructors, advisors, or counselors, is confidential.

III. Student Affairs: Out-of-Class Student Rights

A. Freedom of association:

Students shall be free to organize and join associations to promote their common interests.

1. Only members of the Associated Student Government of Treasure Valley Community College (ASGTVCC) shall vote to determine policies and actions of student organizations.

2. Each club must function as a service club, contributing some positive and worthwhile service to the college as well as the community.

3. Any group or club desiring to organize shall present to the Executive Council a constitution for consideration and approval. Such clubs must open their membership to all TVCC students as set forth in the ASGTVCC Constitution. All clubs and association must have a faculty advisor and said advisor must be present at all quorum meetings. The club advisors are nominated by the club members.

B. Freedom of inquiry and expression:

As constituents of TVCC, students shall be free to inquire research and express their ideas on any topic of interest to them or of general interest to the students at large.

C. Students participating in institutional government:

As constituents of TVCC, students shall be free to express their views on issues of institutional policy and on matters of general interest to the students. The student and/or their association are given the opportunity to provide input in the formulation and application of institutional policy.

D. Student publications:

1. In the delegation of editorial responsibility to students, the institution provides sufficient editorial freedom and financial autonomy for their student publications to maintain their integrity of purpose as vehicles for free inquiry and free expression in an academic community. Publications will adhere to the Oregon Code of Ethics for Journalism of the Oregon Newspaper Publishers Association.

2. All ASG/TVCC published and financed student publications shall explicitly state, on the editorial page, that the opinions therein expressed are not necessarily those of the college or student association.

IV. Student Records

A. Inspection of Records

Students 18 years and older have the right to inspect their educational records, They have the right for a hearing, should they choose to challenge the content of such records, to insure that the records are not inaccurate, misleading, or otherwise in violation of their privacy or other rights. The hearing provides an opportunity for the approval, correction, or deletion of possibly otherwise misleading or otherwise in appropriate data contained therein, and an opportunity to insert into such records a written explanation respecting the content of such records.

B. Timelines

A student's written request to inspect his/her records shall be complied with as early as possible from the date or request, but not later than five working days. The same time limit applies for a written request for a hearing to challenge the content of such records.

C. Release of Information

In compliance with the Family Rights and Privacy Act, it is the policy of TVCC not to release information other than directory information about enrolled students without written permission by the student to do so. However, the students last known address and phone number will be made available to assist in the collection of any debts owed to this institution.

V. Off-Campus Rights of Students

A. Off-Campus Representation of the College:

Student organization officially representing TVCC may not sponsor, join in sponsoring, hold, or attend off-campus events without securing prior permission. Permission must be secured from the appropriate faculty advisor and the Dean of Student Services of his/her representative. TVCC students may be held responsible to the college for their actions, and the implications of their actions in their individual or group representation of the college, whether it be social, athletic, or academic.

VI. Student Conduct and Disciplinary Standard

Like other members of the college community, students are expected to conduct themselves in accordance with the standards of the college that are designed to the conductive to an orderly environment and perpetuate its educational purposes.

A. Guidelines for Acceptable Student Conduct

Students enrolling in the college assume the responsibility to conduct themselves in a manner compatible with the colleges function as an education institution. Although TVCC is dedicated to an open, free society, there are some actions, as determined by the Administrations of the college, which are incompatible with an institution of higher education. The student shall be reasonable free from arbitrarily education or the health, safety, and security of individuals and/or property.

B. Grounds for disciplinary action include but are not limited to:

1. Dishonesty; including, but not limited to, cheating, plagiarism, or knowingly furnishing false information to the college.

2. Forgery, alteration, or misuse of college documents of identification

3. Freedom from acts of lewdness, physical or verbal abuse, including sexual harassment, coercion; by fellow students, instructors, other college staff or contracted service providers.

4. Obstruction or disruption of: teaching, administration of the college, disciplinary procedures, or other college activities, including but not limited to, meetings of the TVCC Board of Education, community service functions, or other authorized activities on college premises.

5. Physical, inscribed or verbal intimidation, harassment, hazing, stalking or abuse of any person on college owned or controlled property or at college sponsored or supervised functions; or conduct which threatens or interferes with or endangers the physical or mental health, security, or safety of any person, such as but not limited to, a fellow students, faculty member, employee or campus visitor.

6. Theft of, or damage to, property of the college or of a member of the college community or of a visitor to the campus.

7. Unauthorized entry or occupancy of college facilities; blocking access to, or egress from, such areas.

8. Unauthorized or improper use of college supplies, equipment, and funds.

9. Violation of college policies or of campus regulations including, but not limited to, campus regulations concerning student organizations, the use of college facilities, or the time, place, and manner of public expression.

10. Use, possession, or distribution of illegal drugs or non-permitted alcohol on college property, or appearance on campus or at any College sponsored event while under the influence of illegal drugs or intoxicated by alcohol.

11. Disorderly conduct; lewd, indecent, hateful or obscene conduct or expression; breach of he peace; aiding, abetting, or recruiting another to breach the peace on college-owned or controlled property or at college sponsored or supervised functions.

12. Failure to comply with directions of college staff of officials acting in the performance of their duties.

13. Possession or use of firearms, explosive or dangerous chemicals or substances, weapons or other instruments which can be, or are intended to be used, to inflict bodily harm to any individual or to cause physical damage to building(s), in or to college-owned or controlled vehicles, equipment, or property or at college-sponsored or supervised function without written authorization from appropriate TVCC officials.

VII. Disciplinary Procedures

A student or staff member of TVCC may initiate disciplinary action against a student for violation of one or more of the grounds for disciplinary action listed under Student Conduct and Disciplinary Standard (Article VI, Section B). Allegations concerning student misconduct must be in writing and signed by the complaining party(s).

A. Initial Procedures

The Dean of Student Services shall receive, investigate and notify the student in writing of allegations of misconduct. The student shall be requested to meet with the Dean of Student Services to determine whether disciplinary action is required. Notice of the conference must be given to the student at least two working days prior to the scheduled appointment. The student may present an explanation, defense, and/or mitigation of his/her conduct to the Dean of Student Services.

B. Statement of Findings

If, after this conference, the Dean of Student Services recommends disciplinary action, he/she shall notify the student of this/her findings and conclusions made as a result of his/her investigation, the sanctions he/she intends to recommend, and that the student may accept the discipline recommended or request a hearing before the Committee on Student Conduct.

C. Hearing Request

If the student desires a hearing, he/she shall, within five working days of the date of the Deans notice, file a written request in the Office of the Dean of Student Services together with a written response to the dean's findings and conclusions. If a request is not filed within the time specified, the request for hearing shall be deemed waived and the decision of the Dean of Student Services shall stand.

D. The Committee on Student Conduct

The committee on Student Conduct shall be convened within ten working days after receipt of the student response for hearing is filled in the office of the Dean of Student Services.

1. The committee shall be established to conduct hearings when requested by a student regarding disciplinary actions recommended by the Dean of Student Services.

2. A committee shall be appointed annually at the start of the academic year. Vacancies that occur during the year shall be filled as they arise.

3. The Committee shall include:

a. Two students designated by the president of the associated students.

b. Two administrators of the college designated by the president, neither of whom can be the dean of student services.

c. Two persons representing the faculty designated by the faculty association president.

4. A quorum shall consist of five members with at least one member representing each group.

5. All committee members shall have voting rights.

6. The committee shall select a chairperson and make additional rules for conducting hearings.

7. No member of the review committee who is otherwise interested in a particular case should it in judgment during the proceeding.

E. Hearing Procedure

1. The hearing shall be private unless the student requests a public hearing.

2. The evidence; pictorial, physical, written and oral, will be received.

3. The student will have the right to be assisted in his or her defense by a staff member of the student's choice.

4. The hearing shall proceed in the following order:

a. Presentation of evidence and/or witnesses by the student and the Committee.

b. The student's response to the charges.

c. Closing arguments.

d. Decision of the committee as well as grounds and procedures for appeal.

5. The student, and the Student Conduct Committee, shall have the right to hear and question all witnesses who testify.

6. A written record of the proceedings before the committee shall be kept.

7. Written and/or pictorial statements may be used in evidence, provided they are signed and disclosed to the other party in sufficient time for such party to question the witness prior to the hearing. If the other party fails to interrogate the witness within a reasonable time, or if a reply is obtained and reduced to writing, signed by the witness, the original statement bound together, with the reply if any, shall be admitted into evidence.

8. After hearing the evidence, the committee will retire to executive session for deliberation. When a recommendation had been reached, the committee shall announce its decision in writing, giving its findings of facts, conclusions, and recommendations. The decision of the Committee shall be final, subject to only the student's right to appeal to the President.

9. The record of the hearing, findings and recommendations of the Committee on the Student Conduct, and the action taken by the college president shall be housed in the Dean of Student Services Office.

F. Sanctions

The following are disciplinary measures that can be taken by the Dean of Student Services, the Committee on Student Conduct, and the President of the College.

1. CENSURE: A written statement and warning by the Dean of Student Services and the Supervisor of the department involved which may be placed in the students file.

2. RESTITUTION: Reimbursement for theft, impropriation of, or damage to, college or personal property. Reimbursement may take the form of appropriate services to repair or otherwise compensate for the damages.

3. DISCIPLINARY PROBATION: Student is subject to immediate removal from the specified class(s) or activity(s) for any additional infractions of this regulation for a specified period of time.

4. SUSPENSION: Forbidden to attend classes and/or participate in activities for the remainder of a specified period of time.

5. EXPULSION: Termination of student, guest, and/pr visitor statues for a specified period of time. Violators are subject to prosecution for trespass.

G. Summary Suspension

Summary suspension may be used to protect the school from the immediate possibility of disorder or threat to safety of student of staff. A suspended student is not to occupy any portion(s) of the campus, as specified in writing, and may be denied any or all college privileges including class attendance. Summary suspension shall be fore the purpose of investigation of the event or events in which the student(s) are allegedly involved. In may be continued pending final disposition of the case if its determined that its necessary the for peace and safety of the students or the welfare of the college.

1. The Dean of Student Services may summarily suspend a student or students where he/she deems it necessary for the safety and welfare of the college community. In the absence of the Dean of Student Service, the college President is empowered to suspend a student or students. In the absence of the President the remaining colleges Administrators are empowered jointly to summarily suspend students.

2. The reasons the suspension and notification of further action, that is excepted of the student shall be mailed to his or her latest known address used for registration within twenty-four hours of the suspension, or to his/her parents, if the student is under eighteen years of age.

3. Within two working days of mailing such notification, the Dean of Student Services shall extend an invitation to the student, or parents if the student is under eighteen, giving the student an opportunity to present any explanations as to why the summary suspension should not be continued until formal hearing can he held.

4. The office of the President, and the Dean of Student Services, shall be notified in writing on the next working day, in writing, or any suspensions by the suspending members of the College Administration.

VIII. Grievance Procedures

A. Redress for Violation of Student Rights

A student may seek redress if he/she believes that he/she has been arbitrarily or capriciously evaluated on behavior, academic or technical performance according to institutional and department procedures, or if any rights enumerated in this regulation have been violated. The steps for resolving a grievance shall be as follows:

1. The student shall first privately contact the staff member involved during a time mutually agreed upon informing the staff that this contact is an attempt at informal conciliation according to SRF&R Grievance procedures.

2. If conciliation is not reached, the student will submit the grievance in writing to the appropriate Department/Division Chair or Director and staff member. A meeting among Department/Division Chair or Director, staff member and student will be scheduled by the Department Chair or Director. If conciliation is attained, the staff member and student will sign and date a statement to that effect.

3. If conciliation is not attained in Article VIII, Section A, Step 2 above, the Department/Division Chair or Director will present the grievance and a summary of the proceedings to date in writing to the dean of Instruction.

4. If the Dean and Division Chair or Director deems it appropriate they will meet with the staff member, student and the Department/Division Chair or Director for a further attempt at conciliation. If conciliation is not attained, a grievance hearing will be scheduled if the grievant desires.

B. Grievance Hearing Committee Composition

1. A chairperson, who shall be appointed by the President of the college. The appointment will not be made from the section of the person being grieved, or from the aggrieved student section.

2. Two students- one selected by the grieving student, one selected by the affected staff member.

3. Two colleges staff members- one selected by the grieving student, one selected by the affected staff member.

C. Administrative Procedures

The Dean of Student Services will notify the Grievance Hearing Committee in writing of the date of the hearing which will be within ten working days following the completed of VIII, A, 2. This notification will include the statement of grievance and summary of proceedings to date. (The Dean of Student Services is responsible for providing secretarial services.)

D. Records

A written summary of the Grievance Committee haring will be kept in the Office of the Dean of Student Services for reference and later transfer to the President's office.

E. Evidence

The Grievance Hearing Committee will receive from the aggrieved student, faculty member, and witness.

F. Executive Session

The Grievance Hearing Committee will meet in executive session to review evidence session to review evidence and arrive at a recommendation. The decision of the hearing Committee shall be final, subject only to the student's right of appeal to the President.

G. Recommendation/s

The Grievance hearing Committee's recommendation/s will be submitted in writing to all parties involved within five working days of the completion of the hearing.

H. Multiple Parties

Two or more students may file a grievance if:

1. The grievance is common to all parties

2. Each student has complied with Article VIII, Section A, Step 1.

I. Deposition of Records

1. All records of the Grievance Hearing Committee will be retained in the Presidents Office and will be made available to deans, directors, and chairpersons as involved.

Non-discrimination Statement