Policy 5430C

STUDENT DISCIPLINE

References: Title VI, Title VII, 1964 Civil Rights Act; Title IX, Education Amendments of 1972

Western Wyoming Community College (the College) will have jurisdiction over misconduct that occurs on College owned or leased property, including concurrently/dually-enrolled students; at College sponsored activities (on or off campus); with the use of College property; and may also address off-campus behavior, if the College determines that the student’s conduct, or the continued presence of the student, adversely affects the educational environment, processes, or functions of the College.

Students are subject to all federal, state, and local laws, as well as the College’s policies, procedures, rules, and regulations. The College shall have policies concerning student conduct in academic and non-academic matters.  Any student deemed in violation of the Code of Student Conduct (Policy 5420A) may receive sanctions over which the College has jurisdiction, including but not limited to, warning, probation, suspension, and expulsion, regardless of any criminal complaint that may arise from the same incident.  Students will be afforded due process through the Student Due Process policy (5430B).

The College President is empowered to establish, publish, and disseminate student disciplinary procedures for both academic and non-academic matters and to establish the rules and regulations concerning those processes.  The College President may empower a designee, i.e., a Vice President, a Dean, or their designee, the responsibility for implementation and management of this policy. 

Any actions taken by the College will become part of the student’s judicial record maintained by the College.  In some extreme cases, violations may become part of the student transcript as per the Transcript Notation Policy (5420F). 

Definitions

College Sponsored Activities:  Students attending College-sponsored activities, both on and off-campus, are under the jurisdiction of the College and are responsible for their conduct at these activities.  A student’s guests must also abide by College policies.  Guests are the responsibility of the student or host who invites them.  College-sponsored activities, on or off-campus, include but are not limited to conferences, retreats, field trips, events, social gatherings, and athletic events.

Concurrently/dually enrolled: High school students who are earning high school and college-level credit.

Code of Student Conduct: The Code of Student Conduct specifies behavior that is accepted or prohibited at the College as well as in any setting that is sponsored by the College.  Please see the Code of Student Conduct policy (5420A).

Cross Reference: 5420E, 5430B

Adopted August 14, 1969
Revised November 21, 1985
Approved May 26, 1988
Revised April 11, 2002
Reformatted May 5, 2011
Revised November 12, 2015
Reformatted March 17, 2017
Revised June 6, 2019
Revised and Retitled November 10, 2022

Procedure 5430C.1

STUDENT DISCIPLINE: NON-ACADEMIC

Students found to be in violation of Western Wyoming Community College’s (The College) Code of Student Conduct may appeal the decision through the following procedure.. This procedure applies to all students, regardless of location or method of instructional delivery, e.g., campus-based, online, or concurrently/dually-enrolled. The College will work with the appropriate school district and administration to ensure student discipline of concurrently or dually-enrolled students is delivered per each entity’s policies and procedures.

Students are expected to observe local, state, and federal laws and abide by College policies and procedures as established in respective College publications. There shall be specific disciplinary procedures defined for both “academic” and “non-academic” misconduct. When an offense occurs over within the College’s  jurisdiction, the College’s disciplinary process will go forward regardless of any criminal complaint that may arise from the same incident.

Electronic access to the Code of Student Conduct policy (5420A) and procedure shall be provided to students each semester, along with the Student Bill of Rights (Policy 5430A.)   Students are responsible for reading and abiding by the provisions of the Code of Student Conduct.  

Definitions

Code of Student Conduct: A document developed and published by the College which defines prescribed conduct of students.

Day: Refers to working day unless otherwise noted.

Jurisdiction: College jurisdiction applies to student conduct which occurs on or off campus including while a student or organization is participating in College-sponsored activities such as study abroad and student travel programs. The College may adjudicate off-campus conduct when the continued presence of the student is likely to interfere with the educational process or the orderly operation of the campus; is likely to endanger the health, safety, or welfare of the College community; or the offense committed by the student is of such a serious nature as to adversely affect the student's suitability as a member of the College community. The Code of Student Conduct shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. In relevant cases, the student's use of electronic media in violating a standard of conduct may be considered in the adjudication process regardless of where the electronic media originated.

Notice: Notices required to be given by this procedure are considered served upon the student when given by personal delivery, mailing by certified mail, or emailing the student to their official College email address requesting a delivery receipt notification. If the notice is mailed, the student shall be given three (3) additional days to respond.

Preponderance of Evidence: The evidence is sufficient to persuade a reasonable individual that the proposition is “more likely true than not.”

Student: All persons taking courses at the College, both full-time and part-time, pursuing both credit and non-credit courses, and those concurrently attending secondary institutions and the College.

Title IX Coordinator(s) and Title VI and VII Coordinator(s) (EO Coordinator): The employee(s) designated by the College President to oversee all civil rights complaints.

Dean of Students: The individual designated by the College President to be responsible for administering the College's Code of Student Conduct and this procedure. The Dean of Students may delegate student discipline to another individual (designee).

A listing of violations of the Code of Student Conduct that warrant initiation of the Student Discipline procedure to commence is located in President’s Procedure 5420A.  The due process rights of any Western student(s) involved in an infraction of the Code of Student Conduct that has resulted in disciplinary action will be protected and detailed information may be found in Policy 5430B – Student Rights: Due Process and President’s Procedure 5430B.1 – Student Due Process: Non-Academic Matters or President’s Procedure 5430B.2 – Student Due Process: Academic Matters.  Appeals for sexual assault and other crimes listed in Policy 5420E will be processed through procedures listed in that policy.

Step 1.  Preliminary inquiry

The Dean of Students conducts a preliminary inquiry into the nature of the incident, complaint or notice, the evidence available, and the parties involved.  This review takes various forms based upon the nature of the incident.  The preliminary inquiry may lead to:

  • A determination that there is insufficient evidence to pursue the investigation. The situation will be documented and on file in the appropriate administrator’s office;
  • An informal or administrative solution that is acceptable to all parties;
  • A more comprehensive investigation;
  • Referral to the formal non-academic appeal process (Procedure 5430B).

When a student’s conduct is severe enough, the Dean of Students, the Vice President, the College President, or designee will require the student’s immediate removal from the College.  The student retains their due process rights to proceed through the conduct process from off campus.

Step 2, if necessary.  A more thorough Investigation.  

Possible resolution and/or action against a student could possibly occur at this stage.

Step 3, if necessary.  Formal Hearing by the appropriate appellate body.  This would be the Student Appeals Committee for non-academic issues.

Step 4.  Notification of Outcomes.

The outcome of a campus action is part of the educational record of the responding student and is protected from release under the Family Educational Rights and Privacy Act (FERPA).  As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or non-forcible sex offense, the College will follow FERPA and state law requirements for informing the alleged victim/party of the results of any investigation or hearing.  https://studentprivacy.ed.gov/ferpa#0.1_se34.1.99_133  (Policy 5420E)  In the case of “a crime of violence” or sex offense, the responsible student’s transcript may be notated (Policy 5420F).

Procedures for Non-Academic Misconduct Complaints 

The College strictly prohibits all acts of non-academic misconduct. When students are accused of having engaged in non-academic misconduct, the College may, depending on the facts alleged, issue interim safety measures and/or other accommodations prior to the resolution of the complaint. Such interim safety measures include, but are not limited to, issuing No Contact orders between the parties, altering an individual’s work or class schedule or a student’s on-campus housing assignment, or placing a student accused of non-academic misconduct on an interim suspension.

The College will investigate all reported allegations of non-academic misconduct and may take appropriate remedial action even if the person allegedly subject to the misconduct or the Complainant does not wish to pursue a formal complaint. Non-academic misconduct by or against a student may be investigated by the College whether it is alleged to have been committed on or off campus.

All alleged violations of non-academic policies and procedures will be referred to the Dean of Students’ office. Any alleged violation should be reported as soon as possible after the violation occurs. Upon violation of any of the provisions of the Code of Student Conduct during class or other College activity, College faculty and staff may remove the student from the class or other College activity for the remainder of that class/activity period and shall promptly notify the Dean of Students as to the action taken and the reason(s) therefore. Upon submission of the alleged violation to the Dean of Students, the following procedures will apply.

For behavior for which a sanction other than suspension, dismissal or expulsion may be imposed, after referral to the Dean of Students or designated Hearing Officer an investigation by the Hearing Officer will provide:

  • Oral or written notice of the charges against the student within five (5) days.
  • An opportunity for the student to admit or deny the allegations in conference with the Dean of Students or Hearing Officer. If the student denies the allegations, the student is entitled to an explanation of the evidence against the student and will be given an opportunity in the conference to rebut the charges.
  • As a result of the investigation and conference with the student, any of the following actions may be taken:
  • The charges may be dismissed as unfounded or for lack of evidence.
  • The student may admit responsibility for violating the Code of Student Conduct and a sanction will be imposed; or
  • The Dean of Students or Hearing Officer will deem the student responsible for Code of Student Conduct violations, based on a preponderance of the evidence, and an appropriate sanction will be imposed.

Behavior that may result in suspension, dismissal or expulsion is referred to the Dean of Students.  After any investigation by the Dean of Students or designated Hearing Officer, the Hearing Officer will schedule a Student Appeals Committee hearing date to occur within ten (10) days of imposition of any interim suspension.  the Dean of Students or the designated Hearing Officer will provide:

  • Written notice of the charges against the student;
  • Written notice of the date, time and place of Student Appeals Committee  hearing;
  • An opportunity for the student to personally participate in the Student Appeals Committee hearing and to admit or deny the charges against the student. If the student admits the charges, discipline will be imposed. If the student denies the charges, the student will be entitled to:
  • An explanation of the evidence against the student;
  • The right to question witnesses in a manner determined by the Dean of Students or the Student Appeals Committee;
  • The right to examine, in advance of the hearing, documentation submitted relating to the charges;
  • The right to present a defense at the hearing;
  • The student may call their own witnesses and present relevant information or documentation;
  • The student may have legal counsel, or another advisor, present at the hearing. If the student chooses to have legal counsel, it will be at their own expense.
  • A recording of the hearing shall be made. The recording is College property.
  • As a result of the investigation and hearing, one of the following actions may be taken:
  • The charges may be dismissed as unfounded.
  • The student may admit responsibility for violating the Code of Student Conduct and appropriate sanctions may be imposed.
  • The Student Appeals Committee will deem the student responsible for Code of Student Conduct violations based upon a preponderance of the evidence and appropriate sanctions may be imposed.
  • The student will be notified of the discipline imposed, either orally following the hearing or sent in writing within five (5) working days of the hearing. 

Conduct Sanctions

One or more of the following sanctions may be imposed upon any student(s) for violations of the Code of Student Conduct.  Including but not limited to:

  1. Verbal warning: Verbal notice that the student has violated the College policies.
  2. Written warning: An official written notice that the student has violated the College policies and that more severe conduct action will result should the student be involved in other violations while the student is enrolled.
  3. Restitution: Compensation for damage caused to College or any person’s property.
  4. Fines
  5. Community/College Service
  6. Loss of Privileges
  7. Confiscation of Prohibited Property
  8. Behavior requirements: Includes, but not limited to, seeking academic advice, personal counseling, or substance abuse screening.  Students may also be required to write a letter of apology.
  9. Educational Program: Attend or participate in a program related to the violation.
  10. Restriction of Visitation Privileges (primarily to on-campus housing)
  11. Involvement/Eligibility Restrictions
  12. Housing Probation
  13. Housing Eviction
  14. Academic Probation/Suspension
  15. General College Probation/Suspension
  16. College Expulsion: Permanent separation from the College.
  17. Other Sanctions: Other sanctions may be created as deemed appropriate to the offense.  

Students who do not complete required sanctions may be subject to immediate dismissal from the College.

Parental Notification

The College reserves the right to notify the parents/guardians of students regarding any conduct situation, particularly excessive alcohol and drug violations, concerns about harm to self or others, and violence on-campus.

Cross Reference:, 5420E, 5430B, 5430C

Adopted August 14, 1969
Revised November 21, 1985
Approved May 26, 1988
Revised April 11, 2002
Reformatted May 5, 2011
Revised November 12, 2015
Reformatted March 17, 2017
Revised June 6, 2019
Revised and Retitled November 10, 2022

Procedure 5430C.2

STUDENT DISCIPLINE: ACADEMIC INTEGRITY

Students charged with violating Western Wyoming Community College’s (the College) Code of Student Conduct are entitled to the following procedures. This procedure applies to all students, regardless of location or method of instructional delivery, e.g., campus-based, online, or concurrently/dually-enrolled. The College will work with the appropriate school district and administration to ensure student discipline of concurrently or dually-enrolled students is delivered per each entity’s policies and procedures.

Students are expected to observe local, state, and federal laws, and abide by College policies and procedures as established in respective College publications. There shall be specific disciplinary procedures defined for both “academic” and “non-academic” misconduct. When an offense occurs within the College’s jurisdiction, the College disciplinary process will go forward regardless of any criminal complaint that may arise from the same incident.

Electronic access to the Code of Student Conduct policy and procedure (5420A) shall be provided to students each semester, along with the Student Bill of Rights (Policy 5430A.)   Students are responsible for reading and abiding by the provisions of the Code of Student Conduct.

Definitions

Code of Student Conduct: A document developed and published by the College which defines prescribed conduct of students.

Day: Refers to working day unless otherwise noted.

Jurisdiction: College jurisdiction applies to student conduct which occurs on or off campus, including while a student or organization is participating in College-sponsored activities such as study abroad and student travel programs. The College may adjudicate off-campus conduct when the continued presence of the student is likely to interfere with the educational process or the orderly operation of the campus; is likely to endanger the health, safety, or welfare of the College community; or the offense committed by the student is of such a serious nature as to adversely affect the student's suitability as a member of the College community. The Code of Student Conduct shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. In relevant cases, the student's use of electronic media in violating a standard of conduct may be considered in the adjudication process regardless of where the electronic media originated.

Notice: Notices required to be given by this procedure are considered served upon the student when given by personal delivery, mailing by certified mail, or emailing the student to their official College email address requesting a delivery receipt notification. If notice is mailed, the student shall be given three (3) additional days to respond.Preponderance of Evidence: The evidence is sufficient to persuade a reasonable individual that the proposition is “more likely true than not.”Student: All persons taking courses at the College, both full-time and part-time, pursuing both credit and non-credit courses, and those concurrently attending secondary institutions and the College.

Preponderance of Evidence: The evidence is sufficient to persuade a reasonable individual that the proposition is “more likely true than not.”

Title IX Coordinator(s) and Title VI and VII Coordinator(s) (EO Coordinator): The employee(s) designated by the College President to oversee all civil rights complaints.

Vice President  for Academic and Student Affairs or School Chair: The individual designated by the College President to administer student learning and be responsible for this procedure. The Vice President for Academic and Student Affairs or School Chair may delegate student discipline regarding academic misconduct to another individual (designee).

A listing of violations of the Code of Student Conduct that warrant initiation of the Student Discipline procedure is located in President’s Procedure 5420A.  The due process rights of any student(s) involved in an infraction of the Code of Student Conduct that has resulted in disciplinary action will be protected, and detailed information may be found in Policy 54XX – Student Rights: Due Process and President’s Procedure 54XX – Student Due Process: Academic Matters and/or President’s Procedure – Student Due Process: Non-Academic Matters.  Appeals for sexual assault and other crimes listed in Policy 5420E will be processed through procedures listed in that policy.

Academic Misconduct

Any student suspected of academic misconduct, outlined in the  Code of Student Conduct Procedure 5420A, will be subject to the investigative and disciplinary process outlined below. Students retain the right of due process and, therefore, may appeal the decision through the Student Due Process: Academic Matters Procedure 5430B.

All cases of academic dishonesty are initially handled at the discretion of the instructor. If an instructor determines that a student has engaged in academic dishonesty, the instructor can determine an appropriate consequence. These consequences may include:

  • Assigning the student a grade of “F” for the assignment in question,
  • Assigning the student a final grade of “F” for that course and dismissing the student from the course.

A student may also be dismissed from a program. This consequence is limited to programs, such as the health sciences, where students deal with the safety and well-being of patients and that have specific rules and procedures related to dismissal included in the program’s student handbook. If the program’s student handbook allows dismissal from a program for engaging in academic dishonesty, a student may be dismissed.

Students who have engaged in academic dishonesty more than once may be expelled from the College. Faculty are strongly encouraged to report instances of academic dishonesty through the College reporting form.

Process for Handling Alleged Violations of Academic Integrity

Level One Offenses
These are offenses the instructor determines are not severe and can be addressed informally with the student(s) involved. The assignment grade does not put the student in any danger of failing the class.

Process

  1. An instructor has reason to believe that a student has violated academic integrity.
  2. The instructor requests an informal meeting with the student to discuss the details of the alleged violation. The instructor provides the student with the “Report of Alleged Violation of Academic Integrity” form.
  3. If, after completing the informal meeting with the student, the instructor believes there is a preponderance of evidence the student violated the Code of Student Conduct, the instructor imposes a sanction(s).  The student has the right to appeal the instructor decision.
  4. The instructor informs the student in writing that they have five (5) business days to meet with the School Chair/designee if they wish to appeal the sanction for the violation, once determined.  All appeals must be in writing.  If appealed, the School Chair’s/designee’s decision is final.  The School Chair /designee will notify the instructor of the outcome.
  5. The instructor will not assign a sanction until after meeting with a student, the appeal process has been exhausted, or ten (10) business days have expired.
  6. The instructor informs the Vice President of Academic and Student Affairs in writing of the situation and the resulting sanction or action.  The Vice President of Academic and Student Affairs determines if additional sanctions are necessary under other portions of the Code of Student Conduct.
  7. In cases where the student declines to discuss the matter or attend a meeting with the instructor, or is unavailable for more than ten (10) business days, the instructor shall make a determination as to whether a violation of academic integrity has occurred and the appropriate sanction.

In some instances for on-line students, the meeting/process may occur in a manner other than face-to-face.

Level Two Offenses
These are offenses more serious in nature.  The instructor assigns an “F” as a course grade or an “F” on an individual project or assignment that carries sufficient points to result in the eventual failure of the course.

Process

  1. An instructor has reason to believe that a student has violated the Code of Student Conduct.
  2. The instructor requests an informal meeting with the student to discuss the details of the alleged violation.  The instructor provides the student with the “Report of Alleged Violation of Academic Integrity” form.
  3. If, after completing the meeting with the student, the instructor believes there is a preponderance of evidence that the student violated academic integrity, the instructor will inform the student of their intention to assign a failing grade or failure of the class and explain why that is the appropriate action to be taken.  At that time, the student has the right to appeal the instructor decision. 
  4. A letter will be sent to the student informing them of the process to appeal the failing grade sanction. The student should continue to attend class until the appeal is resolved and the student should continue to engage fully in the class by submitting assignments, participating in discussions, taking exams, etc.  The instructor will inform the student that they have five (5) business days to a) meet with the School Chair /designee and b) file an appeal for the failing grade sanction with the Vice President of Academic and Student Affairs.  All appeals must be in writing.
  5. In cases where the student declines to discuss the matter or attend a meeting with the instructor, or is unavailable for more than ten (10) business days, the instructor shall make a determination as to whether a violation of academic integrity occurred and assign the failing grade or failure of the class.
  6. The instructor will not assign a sanction until after meeting with a student, the appeal process has been exhausted, or ten (10) business days have expired.

 

Adopted June 13, 1985
Revised July, 1985
Approved May 26, 1988
Revised January 27, 1994
Revised November 15, 1994
Reformatted May 9, 2011
Reformatted March 17, 2017
Revised and Retitled November 10, 2022

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