Academic Rights and Responsibilities of Students

Academic Rights and Responsibilities of Students.

Computer Usage Policy

Access to computing resources is a privilege to which all college faculty, staff, and students are entitled. Access may also be granted to individuals outside the college for purposes consistent with the mission of the college.

Certain responsibilities accompany that privilege and understanding them is important for all computer users. The use of Southern’s computing resources is for purposes related to the college’s mission of education, research, and public service.

All classes of computer service users may use computing resources only for purposes related to their studies, their instruction, the discharge of their duties as employees, their official business with the college, and other college-sanctioned activities. The use of Southern’s computing resources for commercial purposes is permitted only by special arrangement with the appropriate computing center or computer system administrator. The user is responsible for correct and sufficient use of the tools each computer system provides for maintaining the security and confidentiality of information stored on it.

Computing resources may not be used for illegal purposes. Computing resources should be used in accordance with the high ethical standards of the college community as described in the Code of Student Ethics and the catalog. Violations of the policies described for legal and ethical use of computing resources will be dealt with seriously. Violators will be subject to the normal disciplinary procedures of the college and, in addition, the loss of computing privileges may result. Illegal acts involving Southern’s computing resources may also be subject to prosecution by state and federal authorities.

A copy of the institution’s policy on computer usage may be obtained from the Technology Services office. SCP 7125 (9/01/00)

Tobacco Usage Policy

All locations of Southern West Virginia Community and Technical College are designated as non-tobacco usage (i.e.-smoking tobaccos, chewing tobaccos, and snuff) facilities.
Tobacco usage is permitted only in designated areas outside college buildings.

SCP 1750 (9/01/00)

Policy Governing Use Of Alcoholic Beverages On Campus

Southern West Virginia Community and Technical College recognizes its students and employees as being adults and expects them to obey the law and to take personal responsibility for their conduct.

The use or possession of alcoholic beverages is prohibited in the building and on the grounds of Southern West Virginia Community and Technical College. The consumption or use of alcoholic beverages during off-campus activities or events held under the auspices of the College is prohibited when proscribed by the rules of conduct published for such activities or events. Those attending College-sponsored activities will be held responsible for their conduct while in attendance.

Alcoholic beverages shall include alcohol, beer, wine, spirits and any liquid or solid capable of being used as a beverage, including non-intoxicating beer. Any student or staff member who violates the terms of this policy by possessing or consuming alcoholic beverages shall be subject to disciplinary action. Visitors who violate the terms of this policy by possessing or consuming alcoholic beverages on campus shall be requested to vacate the premises by the responsible staff member and may be reported to appropriate law enforcement agencies if circumstances warrant.

Drug-free Schools And Communities Act

Purpose
To comply with the Drug-Free Schools and Communities Act of 1989 and the Drug-Free Work Place Act of 1988.

Scope and Applicability
This issuance applies to the entire College community, including students, faculty, staff, administrators, and visitors to the campuses.

Standards of Conduct
The unlawful manufacture,distribution, dispensing, possession, or use of illicit drugs and alcohol on Southern West Virginia Community and Technical College property or as a part of any College sponsored function is prohibited. Reporting to work, class, or any College sponsored function under the influence of alcohol or illicit drugs is prohibited.

Disciplinary Sanctions
The College will impose disciplinary sanctions on students and employees consistent with local, state, and federal laws for violation of the standards of conduct outlined above.All persons should be aware that violations could result in expulsion from school, termination ofemployment, or referral for prosecution.

Federal Trafficking Penalties include substantialfines and imprisonment up to life.

West Virginia Law provides penalties dependent upon the classification of the controlled substance, the particular activity involved, and whether multiple convictions are involved. Under WV law, the most severe penalties for drug violations are for possession with intent to sell. On a first offense conviction, one may receive a fine of up to $25,000 and/or imprisonment for 15 years. Sanctions for violations of state alcohol laws vary according to the severity of the offense, with the minimum vehicular violation calling for imprisonment in the county jail for 24 hours, and a $500 fine.

College sanctions will be imposed consistent with procedures used in disciplinary actions.Sanctions for employees may include oral warning, written reprimand, suspension, termination, and referral for prosecution. Disciplinary sanctions for students may include reprimand, probation, suspension, expulsion, and referral for prosecution.

Health Risks
Substance abuse and drug dependency are problems of staggering proportions in our society today. They are the leading causes of preventable illness, disability, and death in the U.S. and are estimated to afflict 25.5 million Americans.

While alcoholism may develop in anyone, it tends to first appear between the ages of 20 and 40 and is more prevalent in persons with a family history of alcoholism. This number increases dramatically when one considers the harm done to the families of substance abusers as well as those injured or killed by intoxicated drivers or in drug related work accidents. Alcohol abuse is often characterized by one of three different patterns: (1) regular and daily use, (2) drinking large amounts of alcohol at specific or irregular intervals, or (3) periods of sobriety interspersed by periods of heavy drinking. The disorder is progressive, and can be fatal. If yourecognize any tendencies toward alcohol abuse, please seek help as outlined below. Health risks of other drugs include:

• Narcotics (including opium, morphine, codeine, heroin, and others) - physical addiction, loss of awareness, respiratory restriction, and possible death.
• Depressants (including barbiturates, Quaaludes, and others) - Slurred speech, disorientation, shallow respiration, coma likely with overdose.
• Stimulants (including cocaine, amphetamines, and others) - Increased heart rate and blood pressure, possible leading to death, increased excitation, loss of appetite.
• Hallucinogens (including LSD, “mushrooms”, PCP, mescaline, and others) - Illusions and hallucinations, poor perceptions of time and distance, psychotic and unpredictable behavior, often leading to injury and arrest. Symptoms may reappear some time after use.
• Cannabis (marijuana, hashish, THC, and others)
• Unrealistic euphoria, diminished inhibitions, disoriented behavior, diminished motivation, increased pulse.

Counseling and Assistance
Assistance and information concerning substance abuse and its treatment may be obtained from the counselors’ offices at each of the College’s campuses. Services are also available from the following agencies:

Logan-Mingo Area Mental Health, Inc.
304.792.7130 Logan Co.
304.235.2954 Mingo Co.

Family Service of Kanawha County
922 Quarrier Street
Charleston, WV 25301

Disclaimer
Southern West Virginia Community and Technical College, in providing the list of counseling, treatment, and rehabilitation programs, is in no way affiliated with these agencies. Southern cannot accept liability for any services, treatment, or counseling provided by these agencies or their employees or any acts of misfeasance, nonfeasance, or malfeasance by same. The individual and his/her parents or guardian should conduct checks or reviews of these agencies to determine if they will meet the needs of the individual.

Students Rights and Responsibilities

Policy
The submission of an application for admission to the College represents an optional and voluntary decision on the part of the prospective student to partake of the program and privileges offered by the College pursuant to the policies, rules and regulations of the Board of Governors. Institutional
approval of that application, in turn, represents the extension of a right or privilege to join the College community and to remain a part of it so long as the
student fulfills the academic and the behavioral expectations that are set forth in the policies, rules and regulations of the Board of Governors. Among student rights and responsibilities are the following:

1. Freedom of expression and assembly.
   Students enjoy the essential freedoms of scholarship and inquiry central to all institutions of higher education. In exercising these freedoms students have particular rights and responsibilities, including but not limited to the following:
   1. To have access to campus resources and facilities;
   2. To espouse causes;
   3. To inquire, discuss, listen to and evaluate;
   4. To listen to any person through the invitation of organizations recognized by the College;
   5. To not violate the rights of others in matters of expression and assembly; and
   6. To abide by the policies, rules and regulations of the Board of Governors and federal, state and local laws pertaining to freedom of expression and assembly.
2. Freedom of association
   Students may organize whatever associations they deem desirable and are entitled to affiliate with any group or organization for which they meet membership qualifications. However, institutional recognition of student organizations shall be limited to those whose purposes comport with the educational mission of the College.
3. Right to privacy
   Students are entitled to the same safeguards of the rights and freedoms of citizenship as are afforded those outside the College community, including but not limited to the following:
   1. Privileged one-to-one communication with faculty, administrators, counselors and other institutional functionaries; 
   2. Respect for student property, including freedom from unreasonable and unauthorized searches;
   3. Confidentiality of academic and disciplinary records as outlined by the Family Education Rights and Privacy Act (FERPA);
   4. Assurance that legitimate evaluations will be made from student records.
4. Responsibilities of citizenship
   Students are expected, as are all citizens, to obey local, state and federal statutes. As members of the College community, students also are expected to obey the College’s code of conduct.
5. Right to due process 
   Disciplinary proceedings for students accused of committing offenses must be consistent with such constitutional provisions guaranteeing due process of law as are applicable to the proceedings. In all disciplinary proceedings, students shall be considered innocent until proven guilty of any charge.

Background or Exclusions

1. Any authority, responsibility or duty granted to or imposed upon the President by this policy may be delegated by the President, subject to the control of the Board of Governors, to a member or members of the faculty, staff or student body of the College. All persons concerned in a matter involving the delegation of authority, responsibility or duty by the President shall be required to deal with the person or persons to whom the authority, responsibility or duty was delegated, except on appeal to the President as specified by the President.
2. The President, with the advice of faculty, staff and students and subject to the control of the Board of Governors, shall develop, promulgate and use disciplinary regulations and channels not inconsistent with this policy. 
3. The President possesses the discretion to impose sanctions following disciplinary proceedings. Depending on the violation, such proceedings may result in expulsion, suspension, probation or some other appropriate sanction of lesser severity.
4. Normally, a student facing suspension or expulsion from the College will be entitled to a hearing and, in certain cases, appeal prior to the imposition of the sanction. However, a student may be temporarily suspended pending final action on the charges when the student’s continued presence at the College would constitute a potential for serious harm to self or to the safety of other members of the College community or when the student repeatedly causes serious disruptions of College activities. Such temporary suspension shall be followed by prompt disciplinary proceedings consistent with this policy.
5. Because of time lapse during an appeal process, sanction enforcement in the affected semester may be impossible. In that event, the following actions may occur:
   1. Whenever possible and if appropriate, the sanction shall be applied to the semester in progress at the time of the completion of the appeal.
   2. If the sanction cannot be implemented during that semester, then it shall be applied during the next regular semester. 
   3. If the student has completed the course of study during the pendency of the appeal, the sanctions, where possible, shall be carried out retroactively to affect the records of that student during the semester designated in the original sanction. 
   4. In any event, the student may not be graduated during the process of appeal. 
6. Students who commit off-campus violations of local, state or federal laws may be subject to discipline under this policy if it is established that there is a connection between the off campus conduct and the safe and orderly operation of the College.
7. A sanction of suspension or expulsion for disciplinary (not academic) reasons imposed by any public college or university in West Virginia shall apply to the person sanctioned not only at the institution where the sanction was imposed, but shall also be effective at the College. A student who was expelled from another public college or university in West Virginia for disciplinary reasons may not be considered for admission to the College for one year from the date when the expulsion was imposed. 

General Provisions
The College assumes that students are mature, responsible individuals who have voluntarily entered the institution for educational advancement. As a part of helping students reach their goals, the College seeks to develop responsible student behavior through the following code of conduct.

Under this code of conduct, suspension orexpulsion generally shall be limited to conduct that adversely affects the College community’s pursuits of its educational objectives. The following misconduct on the College campuses, facilities or property or at College activities is subject to suspension or dismissal:

1. Engaging in any form of dishonesty, including cheating, plagiarism, knowingly furnishing false information to the College, and forgery, alteration or use of College documents or instruments of identification with intent to defraud;
2. Disrupting or obstructing College activities by any means, including intentionally causing inconvenience, annoyance or alarm among members of the College community; 
3. Engaging in physical and/or psychological abuse or threatening such abuse of any person, including but not limited to fighting and engaging in assault or battery;
4. Participating in or inciting a riot or an unauthorized or disorderly assembly; 
5. Seizing, holding, commandeering or damaging any property or facilities of the College, or threatening to do so, or refusing to depart from any property or facilities of the College upon direction of College officials or the President; 
6. Using alcoholic beverages, including the purchasing, consuming, possessing or selling of such items; 
7. Gambling or holding a raffle or lottery, except in cases with specific prior approval of the President; 
8. Possessing, using, selling or distributing any type of drugs for illegal purposes; 
9. Possessing any dangerous chemical or explosive elements or component parts thereof not used for lawful College studies, including but not limited to rifles, shotguns, pistols, revolvers, other firearms and weapons, without authorization from the President;
10. Physically detaining or restraining any other person, removing such person from any place where that person is authorized to remain or otherwise obstructing the free movement of persons or vehicles; 
11. Littering, defacing, destroying or damaging property or removing or using such property without authorization;
12. Misusing the West Virginia Computer Network and the College Computer System, including but not limited to the following: 
    1. Disrupting or interfering with the normal use of the computers, computer-related equipment, data or programs of individuals, the Network or the College Computer System;
    2. Using this equipment, data or programs in performance of any act listed as prohibited by this code of conduct; 
    3. Attempting to breach security in any manner; or 
    4. Using a computer account for other than the purpose for which it was assigned;
13. Engaging in an act of hazing;
14. Willfully encouraging others to commit any of the acts prohibited by this code of conduct;
15. Interfering with the rights of any other member of the College community; 
16. Violating any local, state or federal laws; or 
17. Violating any rules or regulations not contained in this code of conduct but announced as administrative edict by the President.

Responsibilities And Procedures

1. Students subject to suspension or expulsion for disciplinary violations are assured safeguards to their rights through the elements of due process given below. Each of these students will receive:
   1. Written notice of a disciplinary action including a statement of charges and grounds that, if proven, justify suspension or expulsion;
   2. A hearing using defined procedures before the College’s Judicial Board, an impartial body;
   3. Notice of the date, time and place of the hearing, which will be given two weeks prior to the hearing so that the accused student can adequately prepare to counter the charges before the hearing;
   4. Names of the witnesses against the accused student. 
   5. A statement of the facts and evidence to be given in support of the charges, made with sufficient clarity to reasonably disclose the time and place of the alleged occurrence and the actions or behavior complained of;
   6. Advance inspection by the accused student of the College’s affidavits and/or exhibits against the student;
   7. Opportunity to present to the Judicial Board a defense against the charges; 
   8. Opportunity to produce either oral testimony or written affidavits of witnesses in support of the student; 
   9. The right to be accompanied by an advisor at the hearing; 
   10. Oppurtunity to question any witness against the accused student at the hearing;
   11. A decision on discipline based solely on the evidence in the record judged under the preponderance of the evidence standard;
   12. A report on the results and findings of the hearing;
   13. A complete and accurate written record of the hearing prepared by a qualified stenographer or court reporter, if desired; and
   14. Opportunity to appeal the decision to the Board of Governors if expulsion is imposed.
2. Alleged disciplinary violations, depending on the nature of the violation, shall be referred to the College’s Chief Academic Officer or Chief Student Services Officer. The Officer or designee shall collect evidence, contact any witnesses, notify the accused student of all charges against the student, arrange for an impartial hearing and notify the accused student and witnesses of the date, time and place of the hearing. The Officer shall hold the hearing and impose sanctions or, if the alleged violation involves possible suspension or expulsion, refer the matter to the College’s Judicial Board.
3. The Judicial Board shall consist of three faculty members and two students. Judicial Board members will be selected on a case-by-case basis and must be able to adjudicate the matter with impartiality. The faculty members will be selected by the Chief Academic Officer. The student members will be selected by the Chief Student Services Officer, in consultation with the Counselor and student government representatives at the campus where the proceeding will take place. Whenever possible, proceedings shall be held on the campus most closely related to the alleged violation or the accused student. The members of the Judicial Board shall select their own chairperson. As needed, the Chief Academic Officer shall name alternate faculty members and the Chief Student Services Officer shall name alternate student members to the Judicial Board.
   
   The Judicial Board shall have jurisdiction and authority to:
   1. Hear evidence in disciplinary cases;
   2. Make findings of fact from the evidence presented; 
   3. Make recommendations to the President based upon such findings as to the disposition of the disciplinary action, including any sanctions to be imposed; and 
   4. Refer matters not involving potential suspension or expulsion back to the Chief Academic Officer or Chief Student Services Officer.
4. In disciplinary matters not involving possible suspension or expulsion, the following processes will be used:
   1. In addition to the requirements of Part 7.B, the Chief Academic Officer or Chief Student Services Officer handling the matter shall ensure that the accused student receives such procedural safeguards as due process requires in accordance with the seriousness of the alleged violation and of the possible sanctions or consequences arising therefrom.
   2. The decision of the Officer may be appealed through a Student Grievance Committee in accordance with normal student grievance procedures. 
5. In disciplinary matters involving possible suspension or expulsion, the following processes will be used: 
   1. The accused student shall be notified in writing within two weeks of an alleged violation, or of the date when the College first learns of an alleged violation, of the violation for which the student is subject to discipline. The Chief Academic Officer or Chief Student Services Officer or designee will serve this notice upon the accused student by handing a copy to the student in person or by mailing, via certified mail, a copy to the mailing address last noted in the student’s official College records.
      
      The College will make every effort in the serving of the notice. However, it is expressly provided that the service of such notice shall not be defective if the accused student shall have hidden, refused mail or failed to notify the College of the student’s current mailing address. In such cases, the hearing may proceed without hindrance or delay.
   2. The notice to the accused student shall include at least the following: 
      1. A statement of the policy, rule or regulation which the student is alleged to have violated;
      2. A statement of the facts and evidence to be presented in support of the charges, which statement must be made with sufficient clarity to reasonably disclose the time and place of the alleged occurrence and the actions or behavior complained of; 
      3. A statement that a hearing on the charges will be held before the Judicial Board, and a statement of the date, time and place of the hearing; and 
      4. Information on the student’s right to have an advisor present at the hearing at the student’s own expense, provided that the student notifies the College at least five days prior to the hearing that an advisor will be present at the proceedings. The student’s failure to provide such notification within five days of the hearing may result in a continuance of the proceedings.
   3. The hearing shall be held at the date, time and place specified in the notice, unless postponed by the Judicial Board for good cause shown either by the accused student or by the College.
   4. All charges should possess sufficient validity to allow the Judicial Board to meet and in good conscience and with impartiality consider related evidence. The hearing shall be conducted in such a manner as to do justice and shall be subject to the following minimum requirements.
      1. The accused student shall have the right to be accompanied at the hearing by an advisor. Unless specifically permitted by name by the hearing body, such advisor may not be a person other than the student’s parent or guardian, another student at the College, a member of the College’s faculty or staff, or an attorney representing the accused student. During the hearing, an advisor may consult with the accused student but may not speak on behalf of the accused student or otherwise participate directly in the proceedings, unless given specific permission to do so by the Judicial Board. 
      2. All material evidence may be presented subject to the right of cross examination of the witnesses.
      3. There shall be a complete and accurate record of the hearing prepared by a qualified stenographer or court reporter.
      4. The accused student shall be entitled to be present throughout the presentation of the evidence, testimony of the witnesses and arguments of the parties, to be informed before the hearing of the substance of expected testimony of witnesses against the student and to have the witnesses present at the hearing at appropriate times, and to present witnesses and evidence on the student’s own behalf as may be relevant and material to the case.
      5. The College may be represented by an advisor. Counsel retained by the College may participate only in an advisory capacity and may not speak on behalf of the College or otherwise participate directly in the proceedings, unless given specific permission to do so by the Judicial Board.
      6. The accused student and the Judicial Board members shall be present for the entire proceeding. However, witnesses may be called and excused throughout the hearing. The hearing shall be closed to all others.
      7. After the hearing, the Judicial Board shall make findings of fact and a recommendation to the President for the disposition of the case and any sanctions to be imposed. The Judicial Board’s recommendation shall be based upon proof of the alleged violation by a preponderance of the evidence.
      8. No recommendation by the Judicial Board to the President for the imposition of sanctions against a student may be based solely on the failure of the student to answer charges or appear at the hearing. In such cases, the evidence in support of the charges shall be presented, and the Judicial Board’s recommendation shall be based upon proof of the alleged violation by a preponderance of the evidence.
      9. The accused student shall also be notified of the Judicial Board’s recommendation and advised of the right to request an appeal to the President within two weeks of the receipt of the recommendation. The President shall within ten working days review the facts of the case and take such action as may be appropriate under all the circumstances. 
      10. Except in cases that involve expulsion, the decision of the President shall be final. 
      11. If a student wishes to appeal an expulsion, the student must within three working days indicate to the President in writing an intent to appeal the expulsion to the Board of Governors. 
   5. The Board of Governors may, from time to time, require the President to report on disciplinary actions or proceedings over a period of time or on a specific case or cases. These reports shall be in such form as the Board of Governors may require.
      
      In disciplinary cases where expulsion was imposed, the Board of Governors may grant the expelled student’s request for appeal.
      1. If the Board of Governors determines that the appeal will not be heard, the decision of the President is affirmed, and the expulsion shall be effective upon the President’s receipt of the Board of Governors’ statement of denial of the appeal. 
      2. If the appeal is granted, the expulsion shall be stayed until the Board of Governors makes a final decision after a review of the case. In the event the decision of the President is affirmed after such review, the student-appellant shall be notified by certified mail, and the expulsion shall be effective immediately upon concurrent notification to the President.
      3. In considering student appeals, the Board of Governors will review all relevant information and records of applicable disciplinary proceedings to ensure that due process has been afforded. The Board of Governors may take such action as it deems reasonable and proper in view of all the circumstances and in answer to its responsibilities under the law. 

SCP4770 (4/16/02)

Student Greivance Procedure

Purpose
The purpose of the Student Grievance Procedure shall be to provide equitable and orderly processes to resolve any differences or dispute between a student and a staff or faculty member about College policies or learning activities affecting the student. This may include but is not limited to grading, instructional procedures, class attendance policies, instructional quality, and other situations where the student believes he/she is being treated unfairly or
arbitrarily.

Procedure

• Step 1
  The student with a grievance must first discuss the grievance with the staff or faculty member involved. Every reasonable effort should be made by both parties to resolve the matter at this level. The initial conference must occur within ten (10) class days of the event, or, if a grade appeal, within ten (10) class days after the start of subsequent school term not including summer sessions.
• Step 2
  If the student continues to be dissatisfied with the results of step one, he/she may, within five (5) class days after the conference with the instructor or staff member, file a written appeal with the immediate supervisor of the individual instructor or staff member involved. The supervisor may attempt a resolution satisfactory to the parties involved, but if no agreement is reached, he/she will set a date for a meeting of all parties with a Student Grievance Committee. The Student Grievance Committee is an Ad Hoc Committee consisting of five (5) members--two students appointed by the SGA Advisor/counselor (in conjunction with the Student Government Association) and two faculty members and a Chairperson appointed by the Chief Academic Officer or his/her designee. Both student and faculty members of the committee shall have the authority to determine whether an academic or other process was fair, prejudicial and/or capricious, and to recommend to the appropriate Vice President a suitable remedy.
  
  The Student Grievance Committee shall meet under the following guidelines:
  • The chairperson shall vote only in case of a tie.
  • The student shall have the right to be accompanied by a representative of his/her choice from the institution. Such representative may consult with, but may not speak on behalf of, the student or otherwise participate directly in the proceedings, unless he or she is given specific permission to do so by the Chairperson of the Student Grievance Committee. If the representative is to be an attorney, the student must notify the Office of the Chief Academic Officer of this fact within a minimum of five (5) working days in advance of the Student Grievance Committee meeting.
  • Both the student grievant and the faculty or staff member against whom the grievance has been filed may present witnesses or relevant materials during the proceeding.
  • All parties to the grievance must remain present for the entire meeting.
  • The meeting shall be closed to all others.

The committee shall form its recommendations within five (5) working days of its final session. All recommendations for grievances related to grades, faculty, or academic policy shall be forwarded to the Chief Academic Officer. In other matters, the committee may refer its recommendations to the Vice President for the area the Committee deems appropriate.

The Vice President receiving the committeerecommendation shall, within seven (7) working days after the meeting, prepare a statement of
his/her decision on the matter with copies to the student, the faculty or staff member against whom the grievance was filed, and the President.

• Step 3
  If the student, faculty, or staff member is not satisfied with the decision of the Vice President, he/she may, within a period of ten (10) working days, make a written appeal to the President. The President may at his/her discretion hold a meeting to hear both parties in the grievance or may make a decision based on the record of the Student Grievance Committee hearing and/or the recommendation of the Vice President. The President will notify the parties involved in the grievance of his/her decision in writing, within ten (10) working days after receiving the written appeal.