FCC Academic Catalog 2016-2017

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2016/2017 fcc catalog
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D. The term “College premises” means
buildings or grounds owned, leased, operated,
controlled, supervised, or temporarily used by
the College.
E. The term“College-sponsored activity”
means any activity that is initiated, authorized,
or supervised by the College, or that involves
representation of the College.
F. “College Official” means administrators,
supervisors, faculty, adjunct faculty, support staff,
campus security, coaches, or trainers.
G. “College Support Person” means an
employee of the College chosen to accompany
and assist a complainant or respondent during
an appeal hearing. Both the complainant and
respondent are entitled to have a College
Support Person of their choice. The College
Support Person cannot be a fact witness or
provide statements in the proceedings. The
College Support Person is a non-participant who
is present to assist a complainant or respondent
by taking notes or providing emotional support
and reassurance.
H. “College Senate” has as its purpose providing
a framework of internal decision making within
which all members of the College community
can participate.
I. The term “complainant” means an individual
who makes a complaint that a violation of the
Code has occurred.
J. The term “respondent” means an individual
who has been accused of violating the Code and
is referenced in a complaint.
K. Conference is the meeting between a College
administrator and complainant or respondent.
L. The term “cyber-stalking” means the use of
the Internet or other electronic means, including
but not limited to email, text messaging,
discussion boards, digital images, or social
networking sites, to stalk or harass an individual,
a group, or an organization. It may include false
accusations, defamation, slander, or libel. It may
also include monitoring, identity theft, threats,
vandalism, solicitation for sex, or gathering
information that may be used to threaten or
harass.
M. The term“faculty member” means any
person hired or retained by the College to
conduct classroom instruction.
N. The term “preponderance of evidence”
means evidence which is of greater weight
or more convincing than the evidence to the
contrary; evidence which shows that something
is more likely than not to be true or 50.1% likely
to have occurred.
D. The College reserves the right to take immediate
action to suspend a student from the campus as
an interim measure should the presence of the
student on campus be considered an immediate
danger or whose behavior causes, or threatens
to cause, a disruption to the normal operations
and activities of the College, its students, faculty,
or staff. This action requires the recommendation
of the AVP/DOS, or designee, in concurrence
with the Vice President for Learning Support or
designee. Financial and academic consequences
of this measure are the responsibility of the
student, unless the student is found to have
not violated this Code through the appropriate
appeal process.
E. Certain criminal or civil offenses or other
behavior that poses a serious and substantial
danger to the College community will be
referred to law enforcement, as well as being
subject to action by the College.
F. All proceedings of the College disciplinary
process are confidential to the extent required by
law. In accordance with the Family Educational
Rights and Privacy Act (FERPA, 93-380), as
amended, a student’s disciplinary records are
educational documents and thus protected
under FERPA. However, the College must, upon
written request, disclose to the alleged victim
of any crime of violence or a non forcible sex
offense, the results (Results means a disclosure
of the name of the student, the violation
committed, and the sanction imposed by the
institution.) of any disciplinary proceeding
conducted by the College against a student
who is the alleged perpetrator of such crime or
offense. If the alleged victim is deceased as a
result of the crime or offense, the information
shall be provided, upon written request, to the
next of kin of the alleged victim. (See FERPA 34
CFR, 99.39 for definitions of crimes of violence,
non forcible sex offenses, and limits on the
information to be disclosed.)
III. Definitions for the Purpose of this Code
When used in this Code the following definitions will
apply.
A. “BERT” shall refer to the Behavior Evaluation
and Response Team, comprised of campus
officials who receive and evaluate faculty and
staff concerns regarding student behavior that
may be disruptive, self-injurious, or potentially
pose a risk of harm to the health, safety, or
property of any person or of the College, or
otherwise be dangerous.
B. The term “College” means Frederick
Community College and, collectively, those
responsible for its control and operation and
applies to all sites at which the College conducts
classes and/or activities.
C. The term “College community” includes
trustees, students, and all employees of the
College as well as any independent contractors
or other third parties to the extent articulated
under contractual agreements.
O. The “secured College tracking system”
maintains records of reports and responses to
violations of prohibited conduct and behaviors
of concern, and contains documentation of
interventions, resolutions, and appeals. The
oversight and management of the system is
administered by the Vice President for Learning
Support, Provost/Vice President for Academic
Affairs, Vice President for Continuing Education
& Workforce Development, AVP/DOS, and the
Executive Director of Counseling and Advising
(BERT Chair) or their designees.
P. The term“sexual misconduct” is a broad
term used to define acts of sexual assault, sexual
exploitation, sexual harassment, intimidation,
stalking; dating, domestic or intimate partner
violence, or retaliation. (Sexual Misconduct
complaints are adjudicated under the College
Title IX Sexual Misconduct Policy and Procedures
)
Q. The term “student” means an individual who
is registered at the College, either full or part-
time, in a credit or non-credit course or courses,
who has either paid or made arrangement for
payment of tuition and/or fees.
R. The “Student Discipline Committee” refers
to a standing committee of the College Senate to
whom students may appeal interim suspensions
and/or disciplinary sanctions taken against them.
The Student Discipline Committee members will
be trained in appeal hearing procedures.
S. The term “student organization” means
any entity that has complied with formal
requirements of College recognition as defined
in the Constitution of the Student Government
Association.
T. “Student Behavior Incident Report Form”
refers to the form available on the College
website and Communication Central which is
to be used by students and/or staff to report
behaviors of concern outlined in this Code of
Student Conduct.
U. The term “visitor”means any person who is
not a member of the College community who is
on College premises.
V. The term “weapon” refers to, but is not limited
to explosives, firearms, guns (including BB, pellet,
or paintball guns), stun guns, Taser guns, bows,
slingshots, switchblades, daggers, blackjacks,
brass or metal knuckles, hunting knives, martial
arts weapon (e.g., nunchacu), dirt knives, bowie
knives, star knives, pocket knives, swords, sand
clubs, bill clubs, razors, any device capable of
projecting a ball, pellet, arrow, bullet, missile,
shell, or other.
W. The term “workdays” means Monday through
Friday and does not include weekends, holidays,
or days the College is closed.