Dallas County Community College District Catalog Student Code of Conduct

1998-1999 Catalog

STUDENT CODE OF CONDUCT

Educational opportunities are offered by the Dallas County Community College District without regard to race, color, age, national origin, religion, sex or disability.

1. PURPOSE

The purpose of this document is to provide guidelines to the educational environment of the Dallas County Community College District. This environment views students in a holistic manner, encouraging and inviting them to learn and grow independently. Such an environment presupposes both rights and responsibilities. Free inquiry and expression are essential parts of this freedom to learn, to grow and to develop. However, this environment also demands appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students must exercise these freedoms with responsibility.

2. POLICIES, RULES, AND REGULATIONS

a. Interpretation of Regulations: Disciplinary regulations at the college are set forth in writing in order to give students general notice of prohibited conduct. The regulations should be read broadly and are not designed to define misconduct in exhaustive terms.

b. Inherent Authority: The college reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community.

c. Student Participation: Students are asked to assume positions of responsibility in the college judicial system in order that they might contribute their skills and insights to the resolution of disciplinary cases. Final authority in disciplinary matters, however, is vested in the college administration and in the Board of Trustees.

d. Standards of Due Process: Students who allegedly violate provisions of this code are entitled to fair and equitable proceedings under this code. The focus of inquiry in disciplinary proceedings shall be the guilt or innocence of those accused of violating disciplinary regulations. Formal rules of evidence shall not be applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to a student respondent or the college may result.

e. Accountability: Students may be accountable to both civil authorities and to the college for acts which constitute violations of law and this code. Disciplinary action at the college will normally proceed during the pendency of criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.

f. Definitions: In this code:

(1) "aggravated violation" means a violation which resulted or foreseeably could have resulted in significant damage to persons or property or which otherwise posed a substantial threat to the stability and continuance of normal college or college-sponsored activities.

(2) "cheating" means intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise.

(3) "college" or "institution" means the colleges of the Dallas County Community College District, including the Bill J. Priest Institute for Economic Development.

(4) "college premises" means buildings or grounds owned, leased, operated, controlled, or supervised by the college.

(5) "college-sponsored activity" means any activity on or off campus which is initiated, aided, authorized, or supervised by the college.

(6) "collusion" means the unauthorized collaboration with another person in preparing work offered for credit.

(7) "complaint" means a written summary of essential facts which constitute an alleged violation of a published college regulation or policy.

(8) "controlled substance" and "illegal drugs" are those as defined by the state-controlled substances act, as amended.

(9) "distribution" means sale or exchange for personal profit.

(10) "fabrication" means intentional and unauthorized falsification or invention of any information or citation in an academic exercise.

(11) "group" means a number of persons who are associated with each other and who have not complied with college requirements for registration as an organization.

(12) "hazing" is defined in Appendix B of this code.

(13) "intentionally" means conduct that one desires to engage in or one's conscious objective.

(14) "organization" means a number of persons who have complied with college requirements for registration.

(15) "plagiarism" means intentionally representing the words or ideas of another as one's own in any academic exercise.

(16) "published college regulation or policy" means standards of conduct or requirements located in the:

(a) College Catalog;

(b) Board of Trustees Policies and Administrative Procedures Manual;

(d) Any other official publication.

(17) "reckless" means conduct which one should reasonably be expected to know would create a substantial risk or harm to persons or property or which would otherwise be likely to result in interference with normal college or college-sponsored activities.

(18) "sanctions" means any or all of the punitive actions described in Appendix A of this code.

(19) "student" means a person who has paid fees and is taking or auditing courses through the Dallas County Community College District.

(20) "violation" means an act or omission which is contrary to a published college regulation or policy.

(21) "weapon" means any object or substance designed to inflict a wound, cause injury, or incapacitate, including but not limited to, all firearms, knives, clubs, or similar weapons which are defined and prohibited by the state penal code, as amended.

(22) "will" and "shall" are used in the imperative sense.

g. Prohibited Conduct: The following misconduct is subject to disciplinary action:

(1) intentionally causing physical harm to any person on college premises or at college-sponsored activities, or intentinally or recklessly causing reasonable apprehension of such harm or hazing.

(2) unauthorized use, possession, or storage of any weapon on college premises or at college-sponsored activities.

(3) intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency on college premises or at college-sponsored activities.

(4) intentionally interfering with normal college or college-sponsored activities, including, but not limited to, studying, teaching, research, college administration, or fire, security, or emergency services.

(5) knowingly violating the terms of any disciplinary sanction imposed in accordance with this chapter.

(6) unauthorized distribution or possession for purposes of distribution of any controlled substance or illegal drug on college premises or at college-sponsored activities.

(7) intentionally or maliciously furnishing false information to the college.

(8) sexual harassment.

(9) forgery, unauthorized alteration, or unauthorized use of any college document or instrument of identification.

(10) unauthorized use of computer hardware or software.

(11) all forms of academic dishonesty, including cheating, fabrication, facilitating academic dishonesty, plagiarism, and collusion.

(12) intentionally and substantially interfering with the freedom of expression of others on college premises or at college-sponsored activities.

(13) theft of property or of services on college premises or at college-sponsored activities; having possession of stolen property on college premises or at college-sponsored activities.

(14) intentionally destroying or damaging college property or property of others on college premises or at college-sponsored activities.

(15) failure to comply with the direction of college officials, including campus security/safety officers, acting in performance of their duties.

(16) violation of published college regulations or policies. Such regulations or policies may include those relating to entry and use of college facilities, use of vehicles and media equipment, campus demonstrations, misuse of identification cards, and smoking.

(17) use or possession of any controlled substance or illegal drug on college premises or at college-sponsored activities.

(18) unauthorized presence on or use of college premises.

(19) nonpayment or failure to pay any debt owed to the college with intent to defraud. (Appropriate personnel at a college may be designated by college or District officials to notify students of dishonored checks, library fines, nonpayment of loans, and similar debts. Such personnel may temporarily "block" admission or readmission of a student until the matter is resolved. If the matter is not settled within a reasonable time, such personnel shall refer the matter to the VPSD for appropriate action under this code. Such referral does not prevent or suspend proceeding(s) with other appropriate civil or criminal remedies by college personnel.)

(20) use or possession of an alcoholic beverage on college premises with the exception of specific beverage-related courses within the El Centro food service program.

Sanctions for violations of prohibited conduct for (1) through (6) may result in EXPULSION; for (7) through (13) may result in SUSPENSION, for (14) through (20) may result in sanctions other than expulsion or suspension.

Repeated or aggravated violations of any provision of this code may also result in expulsion or suspension or in the imposition of such lesser penalties as are appropriate.

h. Bill J. Priest Institute for Economic Development: The Director of the Job Training Center (JTC) of the Bill J. Priest Institute for Economic Development is authorized to promulgate written regulations which apply only to students who are subject to provisions of the federal Job Training Partnership Act (JTPA), as amended, its regulations, and other similar federal programs. JTC regulations should be designed to foster good work habits, promote skills desired by local employers, and encourage sucess to conduct standars in the Code of Student Conduct as well as JTC regulations; however, the remainder of the Code is not applicable to such students. A JTPA students who allegedly violates the Code and/or JTC regulations must be given an opportunity to appeal expulsion, suspension, or other displinary sanctions in a manner determined by the Director of the JTC. JTPA students may file grievance with the Private Industry Council only.

3. DISCIPLINARY PROCEEDINGS

a. Administrative Disposition

(1) Investigation, Conference and Complaint

(a) When the Vice President of Student Development (VPSD as referred to as in this code) receives information that a student has allegedly violated a published college regulation or policy, the VPSD or a designee shall investigate the alleged violation. After completing the preliminary investigation, the VPSD may:

(i) Dismiss the allegation as unfounded, either before or after conferring with the student; or

(ii) Proceed administratively and impose disciplinary action; or

(iii) Prepare a complaint based on the alleged violation for use in disciplinary hearings along with a list of witnesses and documentary evidence supporting the allegation. The VPSD will notify the complainant of the disposition of the complaint. If the VPSD dismisses the allegation, the complainant may appeal to the President for review in writing within five (5) working days after disposition.

(b) The President or a designee may suspend a student immediately and without prior notice for an interim period pending disciplinary proceedings, when there is evidence that the continued presence of the student on college premises poses a substantial threat to himself or herself, to others, or to the stability and continuance of normal college functions. A student who is suspended on an interim basis shall be given an opportunity to appear before the President or a designee within five (5) working days from the effective date of the interim suspension. A hearing with the President shall be limited to the following issues only.

(i) The reliability of the information concerning the student's conduct, including the matter of his or her identity; and

(ii) Whether the conduct and surrounding circumstances reasonable indicate that the student's continued presence on college premises poses a substantial threat to himself or herself, to others or to the stability and continuance or normal college functions. After the hearing, the President or designee may modify the interim suspension as reasonable to protect the student, public, and college.

(c) No person shall search a student's personal possessions for the purpose of enforcing this code unless the student's prior permission has been obtained or unless a law enforcement officer conducts the search as authorized by law.

(2) Summons

(a) The VPSD shall summon a student regarding an alleged violation of this code by sending the student a letter. The letter shall be sent by certified mail, return receipt requested, addressed to the student at his or her last known address as it appears in the records of the Registrar's Office or shall be delivered personally to the student.

(b) The letter shall direct a student to appear at a specific time and place not less than five (5) working days after the date of the letter. The letter shall describe briefly the alleged violation and cite the published college regulation or policy which allegedly has been violated.

(c) The VPSD has authority to place a student on disciplinary probation if the student fails, without good cause, to comply with a letter of summons, or to apply sanctions against the student as provided in this code.

(3) Disposition

(a) At a conference with a student in connection with an alleged violation of this code, the VPSD shall provide the student with a copy of this code and discuss administrative disposition of the alleged violation.

(i) If a student accepts the administrative disposition, the student shall sign a statement that he or she understands the charges, his or her right to a hearing or to waive same, the penalty or penalties imposed, and that he or she waives the right to appeal. The student shall return the signed form by 5:00 p.m. of the day following administrative disposition.

(ii) If a student refuses administrative disposition of the alleged violation, the student is entitled to a hearing as provided herein. The VPSD shall note the date of refusal in writing and the student shall acknowledge in writing such date.

Administrative disposition means:

the voluntary acceptance of the penalty or penalties provided in this code.

other appropriate penalties administered by the VPSD.

without recourse by the student to hearing procedures provided herein.

(b) The VPSD shall prepare an accurate, written summary of each administrative disposition and send a copy to the student (and, if the student is a minor, to the parent or guardian of the student), to the Director of Campus Security, to the complainant, and to other appropriate officials.

b. Student Discipline Committee

(1) Composition: Organization

(a) When a student refuses administrative disposition of a violation, the student is entitled to a hearing before the Student Discipline Committee. The hearing request must be made to the VPSD in writing, on or before the sixth (6th) working day after the date of refusal of administrative disposition. The committee shall be composed of an equal number of students, administrators and faculty of the college. The committee and its chair shall be appointed by the President for each hearing on a rotating basis or on a basis of availability. The committee chair will be selected from the administration or faculty.

(b) The chairman of the committee shall rule on the admissibility of evidence, motions, and objections to procedure, but a majority of the committee members may override the chairman's ruling. All members of the committee are expected to attend all meetings and are eligible to vote in the hearing.

(c) The chairman shall set the date, time, and place for the hearing and may summon witnesses and require the production of documentary and other evidence.

(d) The VPSD shall represent the college before the Student Discipline Committee and present evidence to support any allegations of violations.

(2) Notice

(a) The committee chairman shall notify the student of the date, time, and place for the hearing by sending the student a letter by certified mail, return receipt requested, addressed to the student at his or her address appearing in the Registrar's Office records. The letter shall specify a hearing date not less than five (5) nor more than ten (10) working days after date of the letter. If a student is under 18 years of age, a copy of the letter shall be sent to the parents or guardian of the student.

(b) The chairman may for good cause postpone the hearing as long as all interested parties are notified of the new hearing date, time, and place.

(i) To a private hearing or a public hearing (as he or she chooses);

(ii) To appear alone or with legal counsel if the alleged violation subjects the student to expulsion or suspension. The role of legal counsel is limited as provided in the code;

(iii) To have a parent or legal guardian present at the hearing;

(iv) To know the identity of each witness who will testify;

(v) To cause the committee to summon witnesses, and to require the production of documentary and other evidence possessed by the College;

(vi) To cross-examine each witness who testifies.

(d) A student who fails to appear after proper notice and without good cause will be deemed to have pleaded guilty to the violation pending against him. The committee shall impose appropriate penalty and notify the student in the same manner as the notice of hearing.

(e) Legal counsel who represents a student in a hearing where the alleged violation subjects the student to expulsion or suspension is limited to advising and assisting the student. This limitation means that legal counsel shall not cross-examine witnesses, make objections, testify, or perform other similar functions generally associated with legal representation. The same preceding limitation applies to counsel who represents the college. Student representation by legal counsel is not permitted in a hearing where the alleged violation does not subject the student to expulsion or suspension.

(3) Preliminary Matters

(a) Charges arising out of a single transaction or occurrence, against one or more students, may be heard together, or, upon request by one of the students-in-interest, separate hearings may be held.

(b) There will be disclosure of all evidence to both sides prior to the hearing.

(c) At least by 12:00 noon, five (5) full working days before the hearing date, the student concerned shall furnish the committee chairman with:

(i) The name of each witness he or she wants summoned and a description of all documents and other evidence possessed by the college which he or she wants produced;

(ii) An objection that, if sustained by the chairman of the Student Disciplinary Committee, would prevent the hearing;

(iii) The name of the legal counsel, if any, who will appear with the student;

(iv) A request for a separate hearing, if any, and the grounds for such a request.

(4) Procedure

(a) The hearing shall be conducted by the chairman who shall

provide opportunities for witnesses to be heard. The college will be represented by legal counsel if the student is represented by legal counsel in a hearing where the student is subject to expulsion or suspension.

(b) If a hearing may result in expulsion or suspension of a student, the college will have a court reporter present to transcribe the proceedings. If a hearing will not result in expulsion or suspension of a student, legal representation is not permitted and recording of the hearing by any means is not authorized by law.

(i) Persons present: the complainant, the VPSD and the student with a parent or guardian if desired;

(ii) Before the hearing begins, the VPSD or the student may request that witnesses remain outside the hearing room;

(iii) The VPSD shall read the complaint;

(iv) The VPSD shall inform the student of his or her rights, as stated in the notice of hearing;

(v) The VPSD shall present the college's case;

(vi) The student may present his or her defense;

(vii) The VPSD and the student may present rebuttal evidence and argument;

(viii) The committee, by majority vote, shall determine the guilt or innocence of the student regarding the alleged violation;

(ix) The committee shall state in writing each finding of a violation of a published college regulation or policy. Each committee member concurring in the finding shall sign the statement. The committee may include in the statement its reasons for the finding. The committee shall notify the student in the same manner as the notice of hearing;

(x) A determination of guilt shall be followed by a supplemental proceeding in which either party may submit evidence or make statements to the committee concerning the appropriate penalty to be imposed. The past disciplinary record of a student shall not be submitted to the committee prior to the supplemental proceeding. The committee shall determine a penalty by majority vote and shall inform the student, in writing, of its decision as in (ix) above.

(d) If the hearing is a public hearing, the committee shall proceed generally as follows:

(i) Persons present: the complainant, the VPSD and the student with a parent or guardian if desired. Designated college representatives for the following groups may have space reserved if they choose to attend:

Faculty Association

College Newspaper

President

Other persons may attend based on the seating available. The Chairman may limit seating accommodations based on the size of the facilities;

(ii) Before the hearing begins, the VPSD or the student may request that witnesses remain outside the hearing room;

(iii) The VPSD shall read the complaint;

(iv) The VPSD shall inform the student of his or her rights, as stated in the notice of hearing;

(v) The VPSD shall present the college's case;

(vi) The student may present his or her defense;

(vii) The VPSD and the student may present rebuttal evidence and argument;

(viii) The committee, by majority vote, shall determine the guilt or innocence of the student regarding the alleged violation;

(5) Evidence

(a) Legal rules of evidence shall not apply to hearings under this code. Evidence that is commonly accepted by reasonable persons in the conduct of their affairs is admissible. Irrelevant, immaterial, and unduly repetitious evidence may be excluded.

(b) The committee shall recognize as privileged communications between a student and a member of the professional staff of the Health Center, Counseling or Guidance Center where such communications were made in the course of performance of official duties and when the matters discussed were understood by the staff member and the student to be confidential. Committee members may freely question witnesses.

(c) The committee shall presume a student innocent of the alleged violation until there is a preponderance of evidence, presented by the VPSD, that the student violated a published college regulation or policy.

(d) All evidence shall be offered to the committee during the hearing.

(e) A student defendant may choose not to testify against himself or herself. The committee will make a determination based on the evidence presented.

(6) Record:

The hearing record shall include: a copy of the notice of hearing; all documentary and other evidence offered or admitted in evidence; written motions, pleas, and other materials considered by the committee; and the committee's decisions.

(7) Petition for Administrative Review

(a) A student is entitled to appeal in writing to the President who may alter, modify, or rescind the finding of the committee and/or the penalty imposed by the committee. A student is ineligible to appeal if the penalty imposed is less than suspension or expulsion. The President shall automatically review every penalty of expulsion. Sanctions will not be imposed while appeal is pending.

(b) A student is entitled to appeal in writing to the Board of Trustees through the President, the Chancellor, and the Chairman of the Board. An appeal from the Student Discipline Committee is by review of the record (not de novo).

(c) A petition for review is informal but shall contain, in addition to the information required, the date of the Student Discipline Committee's action and the student's reasons for disagreeing with the committee's action. A student shall file his or her petition with the President on or before the third working day after the day the Discipline committee determines the penalty. If the President rejects the petition, and the student wishes to petition the Chancellor, he or she shall file the petition with the Chancellor on or before the third working day after the President rejects the petition in writing. If the Chancellor rejects the petition, and the student appellant wishes to petition the Board of Trustees, he or she shall file the petition with the Chairman of the Board on or before the third working day after the day the Chancellor rejects the petition in writing.

(d) The President, the Chancellor, and the Board of Trustees in their review may take any action that the Student Discipline Committee is authorized to take; however, none may increase the penalty. They may receive written briefs and hear oral argument during their review.

(e) The President, Chancellor and Board of Trustees shall modify or set aside the finding of violation, penalty, or both, if the substance rights of a student were prejudiced because of the Student Discipline Committee's finding of facts, conclusions or decisions were:

(i) in violation of federal or state law or published college regulation or policy;

(ii) clearly erroneous in view of the reliable evidence and the preponderance of the evidence; or

(iii) capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

APPENDIX A - SANCTIONS

1. Authorized Disciplinary Penalties:

The VPSD or the Student Discipline Committee may impose one or more of the following penalties for violation of a Board policy, College regulation, or administrative rule:

a. Admonition

b. Warning probation

c. Disciplinary probation

d. Withholding of transcript of degree

e. Bar against readmission

f. Restitution

g. Suspension of rights or privileges

h. Suspension of eligibility for official athletic and nonathletic extracurricular activities

i. Denial of degree

j. Suspension from the college

k. Expulsion from the college

2. Definitions:

The following definitions apply to the penalties provided above:

a. An "Admonition" means a written reprimand from the VPSD to the student on whom it is imposed.

b. "Warning probation" means further violations may result in suspension. Disciplinary probation may be imposed for any length of time up to one calendar year and the student shall be automatically removed from probation when the imposed period expires.

c. "Disciplinary probation" means further violations may result in suspension. Disciplinary probation may be imposed for any length of time up to one calendar year and the student shall be automatically removed from probation when the imposed period expires. Students may be placed on disciplinary probation for engaging in activities as illustrated by, but not limited to the following: being intoxicated, misuse of I.D. card, creating a disturbance in or on college premises and gambling.

d. "Withholding of transcript of degree" may be imposed upon a student who fails to pay a debt owed the college or who has a disciplinary case pending final disposition or who violates the oath of residency. The penalty terminates on payment of the debt or the final disposition of the case or payment of proper tuition.

e. "Bar against readmission" may be imposed on a student who has left the College on enforced withdrawal for disciplinary reasons.

f. "Restitution" means reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.

g. "Disciplinary suspension" may be either or both of the following:

(1) "Suspension of rights and privileges" is an elastic penalty which may impose limitations or restrictions to fit the particular case.

(2) "Suspension of eligibility for athletic and nonathletic extracurricular activities": prohibits, during the period of suspension, the student on whom it is imposed from joining a registered student organization; taking part in a registered student organization's activities, or attending its meetings or functions; and from participating in an official athletic or nonathletic extracurricular activity. Such suspension may be imposed for any length of time up to one calendar year. Students may be placed on disciplinary suspension for engaging in activities as illustrated by, but not limited to the following: having intoxicating beverages in any college facility, with the exception of specific beverage related courses within the El Centro food service program; destroying property or student's personal property; giving false information in response to requests from the college; instigating a disturbance or riot; stealing, possession, use, sale or purchase of illegal drugs on or off campus; any attempt at bodily harm, which includes taking an overdose of pills or any other act where emergency medical attention is required; and conviction of any act which is classified as a misdemeanor or felony under state or federal law.

h. "Denial of degree" may be imposed on a student found guilty of scholastic dishonesty and may be imposed for any length of time up to and including permanent denial.

i. "Suspension from the college" prohibits, during the period of suspension, the student on whom it is imposed from being initiated into an honorary or service organization; from entering the college campus except in response to an official summons; and from registering, either for credit or for noncredit, for scholastic work at or through the college.

j. "Expulsion" is permanent severance from the college. This policy shall apply uniformly to all the colleges of the Dallas County Community College District.

In the event any portion of this policy conflicts with the state law of Texas, the state law shall be followed.

APPENDIX B - HAZING

1. Personal Hazing Offense

a. A person commits an offense if the person:

(1) engages in hazing;

(2) solicits, encourages, directs, aids, or attempts to aid another person in engaging in hazing;

(3) intentionally, knowingly, or recklessly permits hazing to occur; or

(4) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report said knowledge in writing to the VPSD or other appropriate official of the institution.

b. The offense for failing to report hazing incident is a misdemeanor punishable by a fine not to exceed $1,000, confinement in county jail for not more than 180 days, or both such fine and confinement.

c. Any other hazing offense which does not cause serious bodily injury to another is a misdemeanor punishable by a fine of not less than $500 nor more than $1,000, confinement in county jail for not less than 90 days nor more than 180 days, or both such fine and confinement.

d. Any other hazing offense which causes serious bodily injury to another is a misdemeanor punishable by a fine of not less than $1,000 nor more than $5,000, confinement in county jail for not less than 180 days nor more than one year, or both such fine and confinement.

e. Any other hazing offense which causes the death of another is a misdemeanor punishable by a fine of not less than $5,000 nor more than $10,000, confinement in county jail for not less than one year nor more than two years, or both fine and confinement.

2. Organization Hazing Offense

a. An organization commits an offense if the organization condones or encourages hazing, or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.

b. The above offense is a misdemeanor punishable by a fine of not less than $5,000 nor more than $10,000. If a court finds that the offense caused personal injury, property damage, or other loss, the court may sentence the organization to pay a fine of not less than $5,000 nor more than double that amount lost or expenses incurred because of such injury, damage, or loss.

3. Consent Not a Defense

It is not a defense to prosecution of a hazing offense that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

4. Immunity from Prosecution

Any person reporting a specific hazing incident involving a student in an educational institution to the VPSD or other appropriate official of the institution is immune from liability, civil or criminal, that might otherwise be incurred or imposed as a result of the report. A person reporting in bad faith or with malice is not protected.

5. Definition

"Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include students at an educational institution. The term includes but is not limited to:

a. any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;

b. any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small place, calisthenics, or any other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

c. any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or any other substance which subjects the student to an unreasonable risk of harm or which adversely affects the mental or physical health or safety of the student;

d. any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in the subsection;

e. any activity that induces, causes, or requires the student to perform a duty or task which involves a violation of the Penal Code.

STUDENT GRIEVANCE PROCEDURE

1. Definition

A student grievance is a college-related internal problem or condition which a student believes to be unfair, inequitable, discriminatory, or a hindrance to the educational process. A grievance also includes discrimination on the basis of race, color, religion, national origin, sex, handicap, or age.

2. Scope

This student grievance procedure is not intended to supplant the Student Code of Conduct, which allows the student procedural due process in disciplinary proceedings initiated by the college. This student grievance procedure is designed to provide the student with the opportunity to question conditions which the student believes impede his or her education or instruction. This student grievance procedure is not designed to include changes in policy nor does it apply to grading practices. Recommendations for initiating new policy or changing established policy are handled through normal administrative channels. Problems with grades will be dealt with first by the instructor, and then by the division dean. If a student is not satisfied, the student may appeal the decision, in writing, to the appropriate Vice President. If still not satisfied, the student may pursue the appeal to the President whose decision is final.

3. Procedures

Students who believe that they have a college-related grievance:

a. Should discuss it with the college employee most directly responsible for the condition which brought about the alleged grievance.

b. If discussion does not resolve the matter to the student's satisfaction, the student may appeal to the next level of authority. The student may consult with the Administrative Office to determine the next level of authority.

c. If an appeal does not resolve the grievance, the student may proceed to the appropriate Vice President with a written presentation of the grievance.

d. If the Vice President level of appeal does not prove satisfactory to the student, the student may appeal the grievance to an appeal committee.

4. Exception to Procedures

Sexual Harassment:

All students shall report complaints of sexual harassment informally to location representatives selected by the highest level administrator at the location or formally to the District Associate Vice Chancellor of Educational Affairs as provided in the sexual harassement procedure in IV/A-04 of this manual.

5. Appeal Committee

Procedures:

a. A student who wishes a grievance to be heard must submit a request in writing to the Vice President of Student Development (VPSD).

b. The VPSD will convene and chair the Appeal Committee.

c. The appeal must be heard by the committee within ten (10) class days of the request unless extended with the agreement of both the student and the VPSD.

d. The committee will be ad hoc and will consist of two (2) students, two (2) faculty members, and one (1) staff member who is either an administrator or non-contractual employee. It is the responsibility of the President or the President's designee to appoint all committee members.

e. The Appeal Committee will make its recommendation directly to the President. The decision of the President shall be final.

CAMPUS PARKING AND DRIVING REGULATIONS

1. General Provisions

a. Authority for Regulations: The Board of Trustees, for the benefit of its colleges, is authorized by state law (Sec. 51.202, Education Code) to promulgate and enforce rules and regulations for the safety and welfare of students,employees, and property and other rules and regulations it may deem necessary to govern the institution, including rules for the operation and parking of vehicles on the college campuses and any other property under institutional control.

b. Authority of Campus Peace Officers: Pursuant to the provision of Sec.51.203, Education Code, campus peace officers are commissioned peace officers of the State of Texas, and as such have full authority to enforce all parking regulations,and other regulations and laws within areas under the control and jurisdiction of the District. In addition, campus peace officers may enforce all traffic laws on public streets and highways which are in proximity to areas under District control. Campus peace officers may issue citations to violators or take other action consistent with the law.

c. Permits:

Vehicle: In accordance with Sec.51.207, Education Code, each college may issue and require use of a suitable vehicle identification decal as permits to park and drive on college property. Permits may be suspended for violations of applicable state law or parking and driving regulations. Each person who is required to have a vehicle identification decal shall apply to the Department of Campus Security for the decal. No fee is charged for the decal which must be placed on the rear window of the driver's side of a motor vehicle and on the gas tank of the motorcycle or motorbike.

Handicap: All authorized decals for handicap parking areas must be displayed prior to parking in such areas.

d. Posting of Signs: Under the direction of the college president, the Department of Campus Safety shall post proper traffic and parking signs.

e. Applicability of Regulations: The rules and regulations in this Chapter apply to motor vehicles, motorbikes and bicycles on college campuses or other District property, and are enforceable against students, employees of the District and visitors.

f. Parking meters: Each college President may install parking meters on campus. The college shall send all revenue from meters to the District to pay bond indebtedness.

2. Prohibited Acts: The following acts shall constitute violations of these regulations:

a. Speeding: The operation of a vehicle at a speed greater than is reasonable and prudent under existing conditions. The prima facie maximum reasonable and prudent speed on campus streets is twenty (20) miles per hour, and ten (10) miles per hour in parking areas, unless the street or area is otherwise posted.

b. Double parking, or otherwise parking, standing or stopping so as to impede the flow of traffic.

c. Driving the wrong way on a one-way street or lane.

d. Driving on the wrong side of the roadway.

e. Improper parking, so that any portion of a vehicle is outside the marked limits of a parking space.

f. Parking in unauthorized areas, as illustrated by, but not limited to those areas posted as visitor parking, no parking, handicapped parking or loading zones, designated crosswalks, motorcycle areas, or other unauthorized areas as designated by sign.

g. Parking trailers or boats on campus.

h. Parking or driving in areas other than those designated for vehicular traffic, as illustrated by, but not limited to courtyards, sidewalks, lawns, or curb areas.

i. Failure to display a parking permit.

j. Collision with another vehicle, a person, sign or immovable object.

k. Reckless driving.

l. Failure to yield the right-of-way to pedestrians in designated crosswalks.

m. Violation of any state law regulating vehicular traffic.

n. Parking in an area regulated by a parking meter without parking being authorized.

3. Tow-away Areas: A vehicle may be towed if parked without authority in the following areas:

a. Handicapped parking

b. Fire lanes

c. Courtyards

d. "No Parking" zones

e. Areas other than those designated for vehicular traffic

f. Other unauthorized areas as designated by sign.

4. Citations:

a. Types: Citations shall be of two types:

(1) Campus Citations: A campus citation is a notice that the alleged violator's parking and driving privilege or permit has been suspended pending appeal or disposition.

(2) Court Citations: A court citation is a notice of alleged violation of the type used by the Texas Highway Patrol, as authorized by Education Code, Sec.51.206. Generally, such citations shall be used for violations by visitors, other persons holding no college permit, and employees of the District for excessive violations. However, such citations may be used for the enforcement of any provisions of these regulations.

b. Disposition

(1) Campus Citation: A campus citation is returnable to the Department of Campus Safety, and a permit or driving privilege may be reinstated by the payment of a five dollar ($5.00) service charge per citation at the college business office.

(2) Court Citation: A court citation is returnable to the justice or municipal court in which the case is filed. Disposition of the citation may be made in the same manner as any other criminal case within the jurisdiction of such court.

5. Suspension Review: A person receiving a campus citation shall have the right to appeal the suspension of rights by submitting to the college safety committee, within ten (10) days after the date of violation, notice of appeal in writing, which shall state the reasons for such appeal.

6. Safety Committee: The safety committee shall consist of not less than three (3) persons appointed by the President, none of whom shall be a campus peace officer. The committee shall meet as needed, but not less than give (5) business days after receipt of notice of appeal. Notice of such meetings shall be given to an appellant not less than twenty-four (24) hours prior thereto.

7. Penalties

a. Impoundment: Failure to pay the service charge within ten (10) days after receipt thereof, or, if appealed, within ten (10) days after denial of appeal, shall result in impoundment of the vehicle, denial of readmission to any District college, and withholding of any transcript or degree. If a vehicle is impounded, the owner is liable for any wrecker charges and storage fees in addition to the service charge.

b. Multiple Citations: Receipt of four (4) citations during the period from August 15 of a year to August 14 of the year following will result in suspension of the parking and driving permit or driving privilege for the balance of such year.

c. Court Citations: Penalties for convictions in municipal or justice court are as prescribed by state law, not to exceed $200 per conviction.

8. Miscellaneous: The District nor any of its colleges or employees are responsible for damage to or theft of a vehicle or its contents while on the college campus.

Communicable Disease Policy

Purpose: The Board acknowledges the serious threat to our community and nation posed by the AIDS epidemic. This policy and other procedures developed by the Chancellor shall emphasize educating employees and students concerning AIDS and managing each case of AIDS individually with sensitivity, flexibility, and concern for the individual as well as employees and students. In addition, this policy defines and addresses other communicable diseases which from time to time arise in the colleges and District among students and employees.

Philosophy: The District's decisions concerning a person who has a communicable disease shall be based upon current and well-informed medical judgement which includes the nature of the disease, risk of transmission to others, symptoms and special circumstances of the person, and balancing identifiable risks and available alternatives to respond to a student or employee with a communicable disease.

Nondiscrimination

Students: No student will be required to cease attending a college or participating in college functions solely on the basis of diagnosis of a communicable disease.

Employees: An employee who has a communicable disease will be treated in the same manner as other employees who have other illnesses or injuries.

Confidentiality

The District shall comply with applicable statutes and regulations which protect the privacy of persons who have a communicable disease.

Education

The Chancellor shall develop and maintain a comprehensive educational

program regarding HIV infection for students and employees.

Each college shall have a Communicable Disease Coordinator. The coordinator shall be a registered nurse who has received training in communicable diseases, particularly HIV infection. A student or employee who has a communicable disease is strongly encouraged to report the disease to the coordinator.

Counseling

The Communicable Disease Coordinator shall refer students and employees to sources of testing for HIV infection and counseling upon voluntary request. An individual shall bear the expenses of such testing and counseling.

Computer Software Policy

It is the policy of the DCCCD to respect the copyrights of others. With very few exceptions, all computer software and documentation is protected by federal copyright law. The unauthorized or unlicensed use, duplication or copying of computer software or documentation is contrary to DCCCD policy and is a violation of the law. Violators are subject to both civil and criminal penalties and/or disciplinary action. Students may use individually owned software on DCCCD computers only if the user can provide proof of a license from the copyright owner or will sign a statement to that effect. Additionally, installation of any individually software may need to first be approved by the appropriate college official. Students may have access to computer networks only to further the institutional goals of the DCCCD.

Firearms Policy

Firearms are strictly forbidden upon any campus (including all buildings and grounds) and all other locations owned, operated or leased by the Dallas County Community College District. This prohibition applies to any person including a person who processes a license to carry a handgun under the Concealed Handgun Law.

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