The College reserves the right to maintain a safe and orderly educational environment for students and staff. Therefore, when in the judgment of college officials, a student’s conduct disrupts or threatens to disrupt the educational objectives of the college, appropriate disciplinary action will be taken to restore and protect the orderliness of the Eastern Shore Community College community. A student may be subject to disciplinary action for conduct code violations which include, but are not limited to, the following.

Violations

1. Material disruption or obstruction of teaching, research, administration, disciplinary proceedings, or any other college activities.
2. Assault and/or battery.  Under no circumstances will the college tolerate fighting or physical violence while a student is on campus property or at college activities.
3. Psychological abuse or harassment such as taunting, badgering, stalking, threatening, or intimidating behaviors and/or actions which unreasonably interferes with an individual’s work or academic performance or creates an intimidating, hostile or offensive work or academic environment.
4. Participating in or inciting a riot or an unauthorized 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 by college officials or other persons authorized by the institution.
6. Use of alcoholic beverages, including the purchase, consumption, possession or sale of such items except where specifically authorized by state law and regulations of the college.
7. Failure to comply with the official and proper order of a duly designated college official.
8. Gambling or holding a raffle or lottery on college property or at any college function without proper college or other necessary approval.
9. Use, possession,  manufacture,  sale,  or  distribution  of  narcotics  or  hallucinatory  drugs  or  controlled substances of any nature.
10. Use or possession of weapons (guns, knives, et) on one’s person or in one’s motor vehicle while on campus.
11. Littering.
12. Defacing, destroying, damaging, removing or using public or private property without proper authorization.
13. Violating any rule or regulation not contained within the official college publications, but announced as administrative policy by the president or the president’s designee via student e-mail.
14. Encouraging or assisting others to commit any of the acts which are prohibited by this Code.
15. Knowingly furnishing false information to the college, including the forgery, alteration or misuse of college documents, instruments, or identification.
16. Obscene conduct or public profanity.
17. Theft, larceny, or embezzlement.
18. The use of pagers, cell phones, or other communication devices, which are not set to a silent mode, in the classroom, laboratory, or library. These devices are allowed on campus and can be used in any other setting where they will not disturb any student, faculty, or staff.
19. Conducting oneself in a manner that endangers the health or safety of other person.

Sanctions/Penalties

For violations of the Student Conduct Code, the following penalties may be imposed:

1. Admonition: An oral or written statement to a student that she/he is violating or has violated college rules and may be subject to more severe disciplinary action unless the violation ceases or is not repeated. An admonition is an action which may be administered by the Coordinator of Student / Enrollment Services without further review.

3. Immediate Suspension: A student will be suspended immediately when:
   • In the judgment of the president or the president’s designee, the presence of the student poses a serious threat to persons and/or property provided informal opportunity is first given to the student, except in the case of exigent circumstances, to discuss the matter and to reach possible resolution and/or
   • The student refuses to cease disruptive behavior or conduct in violation of this policy after direct orders and/or admonition from the president or the president’s designee. When such suspension is involved, the student must leave the campus immediately. Students refusing to do so will be removed by law enforcement authorities and charged with trespassing.
4. Disciplinary Probation: Exclusion from the privilege of participating in extracurricular activities of the college, including the holding of any student office, for a definite period of tim Also, a student may be restricted from using the student lounge or computing resources for a definite period of time.
5. Suspension: Exclusion from attending college as a student for a definite period of time, not to exceed one year. A student who is suspended will be required to appear before the Admissions Committee before readmission can be granted.
6. Dismissal: Removal from the college for a period in excess of one ye Such person will have to reapply after the dismissal period. Readmission is not assured. The conditions of readmission, if any, will be stated in the order of dismissal.
7. Restitution for damages. Reimbursement for damaged or misappropriated property. This may take the form of appropriate service to repair or otherwise compensate for damage.
8. Bar against readmission to the college.

Disciplinary Procedures

The Coordinator of Student / Enrollment Services is responsible for carrying out disciplinary procedures within the college except for academic misconduct and computer ethics violations. The academic misconduct process is carried out by faculty with written notification to the Chief Academic Officer. The computer ethics violation process is carried out by the chief information officer and the vice-president of finance and administration. The college reserves the right for the president to appoint a designee to carry out the disciplinary procedures in the event of the absence of any administrator who is involved in this process.

Any administrator, faculty, staff member, or student may file a written Incident Report within three class days with the Coordinator of Student / Enrollment Services against any student for a violation of any college rule or regulation. Incident Report forms are available in the office of the registrar. The Dean will complete an investigation of the alleged violation within four class days after such Incident Report is filed.

Unless the Dean’s initial investigation clearly reveals that the charge or charges are unfounded, within those four days he or she will summon the student alleged to have violated the conduct code by certified letter addressed to the student at his or her address of college record. In addition, the college will also send such notification to the student via college e-mail. The summons shall notify the student of his or her alleged violation and the name of the person making the allegation, and it shall instruct the student to appear at a meeting with the Coordinator of Student / Enrollment Services at a specific time and place not more than five class days after the date of the letter for possible disciplinary action. The Coordinator of Student / Enrollment Services may place on disciplinary probation any student who refuses or fails to appear for such meeting without reasonably attempting to arrange another date for such a meeting. The college may deem the student’s refusal to attend this meeting as a waiver of his or her right to contest the charges alleged against him or her.

During the meeting with the student, the student will be advised of the charge or charges against him or her, the possible sanctions that he or she may receive if found guilty of the charge or charges, and the right to a hearing to contest the charge or charges. The Coordinator of Student / Enrollment Services shall determine whether to 1) dismiss the alleged violation as unfounded; 2) administer a reprimand or admonition if the violation is founded but not severe; 3) impose an appropriate disciplinary sanction in accordance with the Student Conduct Code when the facts are not in dispute and the student cannot reasonably dispute the charge; or 4) refer founded violations, either where the facts are in dispute or where admonition is inappropriate, to the Student Conduct Committee.

If possible, the Dean will communicate his or her determination at the meeting with the student. The Dean will provide a formal written determination to the student by certified mail within three class days of the meeting. A student refusing to accept the Dean’s imposition of an admonition or a sanction may request a hearing before the Student Conduct Committee in writing to the Dean within five class days of receiving the Dean’s written disposition. If the student accepts the Dean’s admonition or sanction, he or she shall sign a statement that he or she understands the nature of the charges and waives the right to contest the disposition of the charges at a hearing.

If the Dean determines that a hearing by the Student Conduct Code Committee is necessary because the case may involve disciplinary probation, suspension, or dismissal, he or she will notify the student by certified mail of the charge or charges against him or her, advise the student of his or her right to present his or her case and to have an advisor present, to furnish evidence in his or her behalf, to call witnesses in his or her behalf, and to confront witnesses against him or her. The notice will further provide the date, time, and place the Student Conduct Committee has set for the hearing. The hearing will be scheduled within five class days of the mailing of the Dean’s letter. The Student Conduct Committee may postpone the hearing date for good cause with notice of the new hearing date, time, and place to the student and all other affected parties. The student may waive the right to such a hearing in writing.

The Student Conduct Committee will be composed of two faculty members and one student (selected from the Student Government Association unless no one is available to serve), with consideration given to having a committee with diversity of race and gender. Members of the committee will be appointed by the President of the College. The Coordinator of Student / Enrollment Services will be a non-voting observer at committee hearings, will represent the College, and will defend its determination of an admonition or sanction at the hearing.

To guarantee that a student receives due process, the following elements will be made available to the parties involved:

1. Published rules, regulations, and procedures (college catalog or handout).
2. Written notice to the student of the charge(s) for violating rules and regulatio
3. A hearing or oral proceeding before the Student Conduct Commit
4. Information about witnesses who may give evidence to support the charge(s) and the opportunity to call witnesses on the student’s
5. Right for witnesses to be called by either the committee or the student to testify; the committee may cross- examine witnesse
6. Right to have an advisor or counsel at the hearing at the student’s expense to advise the student. Any attending counsel  on  the  student’s  behalf,  however,  may  not  participate  in  the  hearing,  address nor interrogate the committee or witnesses.

7. Right for an un-emancipated juvenile to have his or her parents or legal guardian present at the hearing.
8. With the possible exception of un-emancipated juveniles, there is no right to have parental or “third party” interventions in any way concerning a student’s hearing.  Students are considered adults and such interventions invade a student’s individual right to confidentiality during these procedures.
9. A written, audio-taped, or video-taped record of the hearing.
10. A prompt written decision.
11. Information about appeal procedures.

The Student Conduct Committee will conduct a review of available evidence regarding the alleged violation and will vote on whether the student is guilty of the charge or charges. If a majority of the committee members vote that the student is guilty of the charge or charges, the committee will give the Director of Student Services a finding of facts and a recommendation as to any disciplinary action. Unless the Director of Student Services determines that the Student Conduct Committee’s findings and recommendations are clearly not supported by the evidence, he or she will impose the committee’s disciplinary decision. Within four (4) class days of the conclusion of the hearing, the Director of Student Services will communicate the disciplinary decision in writing by certified mail to the student.

Any notifications mentioned within this policy will be sent in writing to the parent or guardian of any student who is under eighteen years of age.

Students receiving a disciplinary sanction after his or her hearing may appeal such decision to the president of the college. Appeals must be in writing and must be received by the VP of Academics within five class days. The President will render a final decision on the appeal within ten (10) class days of receipt of the appeal.

Enforcement

All college personnel and students are responsible for enforcing college rules and regulations. When a college employee or student observes a student code of conduct violation, he or she should take reasonable immediate measures to report the violation to the Coordinator of Student / Enrollment Services or, in his or her absence, any other college administrator. In order for the official investigation process to begin, the college employee or student observer must file a written Incidence Report with the Coordinator of Student / Enrollment Services. Incident Report forms are available in the registrar’s office. The accused will be notified in writing of the charge and an impending hearing. The college reserves the right at all times to take such prompt action as may be needed to preserve the peace, integrity, and safety of the educational process and campus environment.

Addendum August 2024

The following provisions shall be adopted by every college within the Virginia Community College System as an addendum to its Student Code of Conduct, and any violation of such shall be grounds for discipline under each college’s student conduct policy. Similarly, every college shall account for the Facility Use Provisions and adopt the provisions either as an addendum to the college’s facility usage rules or by incorporating the provisions into the college’s facility usage rules.

1. Student Conduct Addendum

The College’s Student Code of Conduct is hereby amended to include the following provisions and any violation of such shall be grounds for discipline under the College’s Student Code of Conduct policy. All other provisions remain unchanged and applicable:

A. Disruptive Acts

1.  Disrupting or obstructing the normal learning, living, or work environments of other members of the College community or the functions or activities of the College (as well as activities conducted on the College’s property with its permission) is prohibited. Examples include: blocking entrances, corridors or exits; interfering with ongoing educational activities, cultural events, or recreational, extracurricular or athletic programs; unauthorized presence in a building after normal closing hours or after notice that the building is being closed; interfering with vehicular or pedestrian traffic; creating unsanitary conditions; and interfering with any other effort to protect the health and safety of members of the College community or larger public.
2. No person may obstruct, disrupt, or attempt by physical force to cancel or discontinue speech by any speaker or the observation of speech by any person intending to see or hear a speaker.

B. Violations of Laws, Regulations, and Ordinances

1. Prohibited conduct includes violations of federal, state, or local laws, regulations, orders, or ordinances.
   1. Students have a continuing duty to promptly report to ESCC Police and/or Student Services any arrests for violations of federal, state, local, or international law, excluding minor traffic violations that do not result in injury to others. This duty applies regardless of where the arrest occurred (inside or outside the Commonwealth of Virginia) and regardless of whether the College is in session at the time of the arrest. An arrest includes the issuance of a written citation or summons regardless of whether the student is taken into custody by law enforcement. Charges related to driving under the influence of alcohol or other drugs are not “minor traffic violations” and must be reported.

C Masking to Conceal Identity

1. Consistent with Virginia Code § 18.2-422, any individual who is present on College property or attending a College event who is wearing a mask, hood, or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, must present a valid college or government issued identification document containing both the person’s legal name and photograph when requested by an ESCC police or security officer or otherwise establish the individual’s identity to the satisfaction of the ESCC police or security officer.

D. Encampments

4. The construction or occupation of a Camping Tent is prohibited.
   1. “Camping Tent” means any collapsible tent or structure, typically having as its basic components a flexible material supported by a framework, designed, intended, or used as temporary shelter while camping or on recreational outdoor outings.  Camping Tents may include tents known as “pup tents,” “dome tents,” “cabin tents,” “hiker tents,” and “backpacking tents.”
   2. A “Camping Tent” does not include a tent with all sides entirely open and where there is an unobstructed view into such tent from the outside at all angles. All other conduct provisions apply to the use of open tents.
   3. No Camping Tents shall be permitted at any time.
   4. No other tents are permitted on College property.
5. Camping is prohibited on property owned, leased, or operated by the College, Virginia Community College System, or their foundations.
   1. “Camping” means the act of using any part of the property or facilities for living accommodation purposes, such as establishment of temporary or permanent living quarters, sleeping outdoors overnight or making preparations for overnight sleeping (including the laying down of bedding), storing personal belongings, using any tent, shelter, or similar structure regardless of size for sleeping; sleeping in, on, or under parked vehicles, or setting up temporary or permanent sleeping areas outdoors or in structures not designated for human occupancy.
   2. “Camping” does not include the use of College, VCCS, or their foundations’ property that has been wholly or partially designated as sleeping or relaxation areas; a tailgating activity in conjunction with a College, VCCS, or foundation event; or the use of temporary hammocks or lounge furniture for recreation or studying activities outdoors on College, VCCS, or foundation owned property during the hours of 8:00 AM – 8:00 PM.
   3. These prohibitions shall not apply to the College, the Virginia Community College System Office, or the College or System foundations or to Non-Camping Tents erected for their use.
   4. These prohibitions shall not apply to federal, state, or local governments or their agencies or to Non-Camping Tents erected for their use.

E. Applicability:

1. The Code of Conduct, including this Addendum, shall apply both to the conduct of individual students as well as student organizations.
2. Each recognized student organization shall represent that its activities and the activities of its members will not violate federal, state, or local law; or the College’s Code of Conduct, including this Addendum.
3. The Code of Conduct, including this Addendum, applies to all student activities within College, VCCS, or their foundations’ programs or activities wherever located. The Code of Conduct, including this Addendum, also applies to all student conduct occurring on the College campus and on any property owned, leased, or operated by the College, VCCS, or their foundations. The Code of Conduct, including this Addendum, additionally applies to any property used as a student residence and in regard to which students have expressly agreed to abide by or provided written consent to be governed by College policies. Violations of other College or VCCS policies may result in disciplinary action under the Student Code of Conduct.

Facilities Use Provisions

Each college is directed to review its policies and procedures applicable to on campus activities and determine whether the provisions below are reflected within existing policies and procedures. If current policies are inconsistent with the requirements below, the college shall modify its relevant policies to include these requirements.

Each college must adopt provisions set forth in Section G verbatim (except for (G)(7) which should be omitted for all colleges except Wytheville Community College). Any variance in language for Section G is subject to legal review by System Counsel’s Office and requires prior approval from the Chancellor prior to implementation. Applicable provisions may be found in general facility use or expressive activity policies.

1. All events must have an institution-affiliated sponsor or be pursuant to a signed facility use and/or rental agreement with an external third-party user that obligates the third-party user to comply with the College’s use rules. Both institution-affiliated and external third-party users must designate someone onsite or immediately available throughout the event who is responsible for ensuring compliance with use rules.
2. Certain locations are altogether prohibited from usage for events, including designated student housing, administrative buildings, and academic buildings during instructional time.
3. An advance reservation process with a written agreement is required. The agreement must include specified times and identified locations for the reserved use.  Such reservation must include an agreement to follow College facility use rules and to comply with all federal, state, and local laws. The reserving individual must acknowledge these obligations and agree to comply.
4. Groups and individuals participating in the facility use activities are accountable for compliance with the provisions of this policy. Violations of this policy may be grounds for disciplinary action against students and employees. Violations of this policy also constitute grounds for revocation of the user’s facility use permit.  Individuals or groups who invite non-College participants may be held accountable for such participants’ compliance with this policy.
5. No illegal activity is permitted at events.
6. Disrupting or obstructing the normal learning, living, or work environments of other members of the College community or the functions or activities of the College (as well as activities conducted on the College’s property with its permission) is prohibited. Examples include: blocking entrances, corridors or exits; interfering with ongoing educational activities, cultural events, or recreational, extracurricular or athletic programs; unauthorized presence in a building after normal closing hours or after notice that the building is being closed; interfering with vehicular or pedestrian traffic; creating unsanitary conditions; and interfering with any other effort to protect the health and safety of members of the College community or larger public.
7. The construction or occupation of a Camping Tent is prohibited.
   1. “Camping Tent” means any collapsible tent or structure, typically having as its basic components a flexible material supported by a framework, designed, intended, or used as temporary shelter while camping or on recreational outdoor outings.  Camping Tents may include tents known as “pup tents,” “dome tents,” “cabin tents,” “hiker tents,” and “backpacking tents.”
   2. A “Camping Tent” does not include a tent with all sides entirely open and where there is an unobstructed view into such tent from the outside at all angles.
   3. No other tents are permitted on College property.
   4. Camping is prohibited on property owned, leased, or operated by the College, Virginia Community College System, or their foundations.
      1. “Camping” means the act of using any part of the property or facilities for living accommodation purposes, such as establishment of temporary or permanent living quarters, sleeping outdoors overnight or making preparations for overnight sleeping (including the laying down of bedding), storing personal belongings, using any tent, shelter, or similar structure regardless of size for sleeping; sleeping in, on, or under parked vehicles, or setting up temporary or permanent sleeping areas outdoors or in structures not designated for human occupancy.
      2. “Camping” does not include the use of College, VCCS, or their foundations’ property that has been wholly or partially designated as sleeping or relaxation areas; a tailgating activity in conjunction with a College, VCCS, or foundation event; or the use of temporary hammocks or lounge furniture on College, VCCS, or foundation owned property for recreation or studying activities outdoors during the hours of 8:00 AM – 8:00 PM.
   5. These prohibitions shall not apply to the College, the Virginia Community College System Office, or the College or System foundations or to Non-Camping Tents erected for their use.
   6. These prohibitions shall not apply to federal, state, or local governments or their agencies or to Non-Camping Tents erected for their use.