State and local ordinances regulate alcohol. Underage possession of alcohol, driving while intoxicated, public intoxication, public consumption, serving underage intoxicated individuals, open containers and large private parties are all affected by these laws. Check with the local police department for more information. The college may also impose sanctions against students and employees who violate this policy. The procedures for administering sanctions are described below under, “Procedures.”
The staff member contacted will report the incident to the Director, Human Resources for purposes of documentation and advice regarding the necessary steps of the complaint process.
Sexual harassment may take many forms. For example:
Student victims have the option to change their academic situation after an alleged sexual assault, if such changes are reasonably available. If appropriate, student victims may also request support or directions in changing living situations. Assistance may be requested from Student Development, Student Life or Campus Security.
Relationship Violence: is physically, sexually, and/or psychologically abusive behaviors used by one individual to maintain power & control over an intimate partner. Intimate partners may be dating, cohabitating, married, separated or divorced. Relationship violence can occur in same or opposite sex relationships.
Kirkwood supports and sponsors domestic travel opportunities for our students based upon the philosophical base of the Liberal Arts and Humanities disciplines. In order to provide a safe and secure environment for all students, the following policies are required components of the planning and development process for the trip. The statements below are intended to be general, as it is understood that the specific domestic travel programs will vary in the actual health, safety and security situations that will occur. In dealing with any specific situation, Kirkwood faculty, coaches and chaperones will rely upon their collective experience and judgment. Domestic travel policies apply to all programs that have faculty/staff chaperones and are funded by Kirkwood.
The vast majority of complaints can and should be handled by the department closest to the issue where the complaint originates. Given this goal, the expected process for student complaints is:
This policy does not circumvent other existing review committees such as Special Appeals Committee, Academic Policies and Procedures Committee, or the Student Conduct Hearing board.
Kirkwood Community College is an academic community built on the principles of mutual respect, integrity, and honesty. The college strives to provide a community wherein individuals have the right to express their opinions and ideas, to assemble peacefully, and to associate freely in a manner that does not interfere with the rights of others and is in the confines of intellectual honesty. In order to thrive as an educational institution, the college has adopted this Student Conduct Code (“Student Code”) to promote and preserve its educational mission for the benefit of all who are invited to be a part of the community.
It is in the best interest of the college and all those who are students or who may desire to become students at the college that the disciplinary procedure be defined. This document prescribes procedures to be followed in disciplinary cases in order that cases may be handled in a timely manner while serving the interests of the college community and safeguarding the rights of all students. Administrative responsibility for the establishment and enforcement of policies governing non-academic student conduct and disciplinary action has been delegated by the Kirkwood Community College President to the Vice President for Student Services. The Vice President has, in turn, delegated considerable authority for the establishment of rules and handling of violations to the Dean of Students and other bodies as designated in this policy.
ARTICLE I: DEFINITIONS
1. The term “Accused Student” means any student accused of violating this Student Code.
2. The term “Board of Trustees” means the group of elected officials charged with oversight of the college.
3. The term “Business Days” means all days except Saturdays, Sundays, and college holidays. When counting days, the day a complaint is received at any point in the procedure shall be considered “day one”.
4. The term “college” means Kirkwood Community College.
5. The term “college premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the college (including adjacent streets and sidewalks.
6. The term “college official” includes any person employed by the college or any person performing assigned administrative or professional responsibilities on behalf of the college.
7. The term “Complainant” means any person who submits a charge alleging that a student violated this Student Code. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code as are provided to the Complainant, even if another member of the college community submitted the charge itself.
8. The term “faculty member” means any person hired by the college to conduct classroom or teaching activities or who is otherwise considered by the college to be a member of its faculty.
9. The term “member of the college community” includes any person who is a student, faculty member, college official or any other person employed by the college. A person’s status in a particular situation will be determined by the Dean of Students or designee.
10. The term “staff member” means any person employed by the college who is not a faculty member or student employee.
11. The term “student organization” means any number of persons who have complied with the formal requirements for college recognition as a club or organization.
12. The term “policy” means the written regulations of the college as found in, but not limited to, the student conduct code, student handbook, college catalog, and college website.
13. The term “student” includes all persons taking courses at Kirkwood Community College, either full-time or part-time, pursuing degree or non-degree programs including continuing education and distance courses. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the college or who have been notified of their acceptance for admission are considered “students,” although not enrolled in this institution.
14. The term “Student Conduct Administrator” means a college official authorized by the Dean of Students to determine whether a student has violated the student conduct code and to impose sanctions.
15. The term “Student Conduct Board” means any person or persons selected by the Dean of Students, including but not limited to members of the Student Conduct Committee, to determine whether a student has violated the Student Conduct Code and to recommend sanctions that may be imposed when a rules violation has been committed.
16. The term “Student Conduct Board Chairperson” means an individual selected by the Dean of Students or designee to facilitate a Student Conduct Board.
17. The term “Student Conduct Committee” means the college committee appointed by the Vice President for Student Services to serve as participants on the Student Conduct Committee.
ARTICLE II: STUDENT CODE AUTHORITY
1. The Dean of Students will determine the composition of Student Conduct Boards and will determine which Student Conduct Board or Student Conduct Administrator, will be authorized to hear each matter.
2. The Dean of Students will develop policies for the administration of the student conduct system and procedural rules for the administration of Student Conduct Board Hearings that are not inconsistent with provisions of the Student Code.
3. Decisions made by a Student Conduct Board and/or Student Conduct Administrator are final, pending the normal appeal process.
ARTICLE III: PROHIBITED CONDUCT
A. Jurisdiction of the Student Conduct Code
The Student Conduct Code will apply to conduct that occurs on college premises, at college-sponsored activities, and to off-campus conduct, including, but not limited to, activities on college partners’ premises, that adversely affects the college community and/or the pursuit of its objectives. Each student will be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Conduct Code applies to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.
B. Conduct—Rules and Regulations
Any student found to have committed or to have attempted to commit the following offenses is subject to the full range of disciplinary sanctions outlined in Article IV including warning, probation, suspension, or expulsion:
1. Acts of dishonesty, including but not limited to the following:
a. Furnishing false information to any college official, faculty member, or office.
b. Forgery, alteration, or misuse of any college document, record, or instrument of identification.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other college activities, including its public service functions on or off campus, or of other authorized non- college activities when the conduct occurs on college premises.
3. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.
4. Violation of the Discrimination and Sexual Harassment Policy, which prohibits sexual misconduct in any form and which includes any unwelcome behavior of a sexual nature that is committed without consent, by force, intimidation, coercion, or manipulation.
5. Attempted or actual theft of and/or damage to property of the college or property of a member of the college community or other personal or public property, on or off campus.
6. Hazing, defined as an act which, intentionally or recklessly, endangers the physical health or safety of a student, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, any organization operating in connection to the college.
7. Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to or use of college premises.
8. Violation of any college policy, rule, or regulation published in hard copy or available electronically on the college website.
9. Violation of any federal, state or local law.
10. Manufacturing, selling, distribution, use, or possession of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law or possession of a device (drug paraphernalia) used to ingest or inhale an illegal drug or narcotic
11. Manufacturing, selling, distribution, use, or possession of alcoholic beverages (except as expressly permitted by college regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one (21) years of age.
12. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the college and/or infringes on the rights of other members of the college community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
13. Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college sponsored or supervised functions.
14. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on college premises or at functions sponsored by, or participated in by, the college or members of the college community.
15. Any unauthorized use of electronic or other devices to make an audio or video record of any person while on college premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
16. Theft or other abuse of computer facilities and resources, including but not limited to:
a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
b. Unauthorized transfer of a file.
c. Use of another individual’s identification and/or password.
d. Use of computing facilities and resources to interfere with the work of another student, faculty member or college official.
e. Use of computing facilities and resources to send obscene or abusive messages.
f. Use of computing facilities and resources to interfere with normal operation of the college computing system.
g. Use of computing facilities and resources in violation of copyright laws.
h. Any violation of college policies pertaining to use of information technology, including computer use policies..
17. Abuse of the Student Conduct Code, including but not limited to:
a. Failure to obey the notice from a Student Conduct Board or college official to appear for a meeting or hearing as part of the Student Conduct System.
b. Falsification, distortion, or misrepresentation of information before a Student Conduct Board.
c. Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.
d. Institution of a student conduct code proceeding in bad faith (e.g. filing a false complaint).
e. Attempting to discourage an individual’s proper participating in, or use of, the student conduct system.
f. Attempting to influence the impartiality of a member of a Student Conduct Board prior to, and/or during the course of, the Student Conduct Board proceeding.
g. Harassment (verbal or physical) and/or intimidation of a victim or other person who files a student conduct complaint or any participant(s) of a conduct proceeding, including but not limited to, their family members, friends, or acquaintances, witnesses, panel members, or advisors, prior to, during, and/or after a student conduct proceeding.
h. Retaliation against a victim or other person who files a student conduct complaint or any participant(s) of a conduct proceeding, including but not limited to, their family members, friends, or acquaintances, witnesses, Board members, or advisors, prior to, during, and/or after a student conduct proceeding. This includes any form of intimidation, threats, harassment (verbal or physical) or knowingly filing a false complaint.
i. Failure to comply with the sanction(s) imposed under the Student Conduct Code.
j. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.
18. Intentionally sounding a false alarm or tampering with fire safety equipment.
19. Use or possession on the campus or at or during any college-authorized function or event of firearms, ammunition, or other dangerous weapons, substances, or materials, except as expressly authorized by the College, or of bombs, explosives, or explosive or incendiary devices prohibited by law or any other violation of the college weapons policy.
20. Undue or willful neglect to meet financial obligations to the College when properly notified by the College.
21. Failure to comply with directions of college officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
22. Misuse of college identification – Transferring, lending, borrowing, or altering a college identification.
23. Violation of the Student Conduct Code while on disciplinary probation, or violation of the terms of one’s probation.
C. Violation of Law and College Discipline
1. College conduct proceedings are separate from criminal or civil litigation. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in student conduct code proceedings.
2. College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Dean of Students or designee. Determinations made or sanctions imposed under this Student Code will not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
3. When a student is charged by federal, state, or local authorities with a violation of law, the college will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code, the college may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the college community. The college will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the college community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
ARTICLE IV: STUDENT CONDUCT CODE PROCEDURES
A. Charges and Student Conduct Hearings
1. Any member of the college community may file charges against a student for violations of the Student Conduct Code. A charge will be prepared in writing and directed to the Dean of Students or designee. Any charge should be submitted as soon as possible after the event takes place, preferably within one calendar year.
2. The Dean of Students or designee may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Dean of Students or designee. Such disposition is final and there will be no subsequent proceedings. If the charges are not admitted to and/or cannot be disposed of by mutual consent, the Dean of Students or designee will determine if the matter will be resolved through an administrative hearing or by a Student Conduct Board. Complaints that may result in a sanction of suspension or expulsion will be disposed of through a Student Conduct Board. All other cases will be disposed of through an administrative hearing conducted by the Dean of Students or Student Conduct Administrator.
3. Complaints alleging conduct that includes sexual harassment and other forms of sexual misconduct will be handled according to the procedures described in the Discrimination and Harassment Complaint Process. Such complaints will be investigated by the Dean of Students, the Director of Campus Security, and the Director of Human Resources or their designees who will determine if the charges have merit. In such cases, mediation will not be utilized to resolve the complaint, and such complaints must be resolved through an administrative hearing or a Student Conduct Board comprised of the Dean of Students, Director of Human Resources, and the Director of Campus Security or their designees.
4. All charges will be presented to the Accused Student in written form. A time will be set for a an administrative hearing or Student Conduct Board hearing that ensures a prompt and equitable resolution, not less than five (5) nor more than thirty (30) business days after the accused student has been notified. Maximum time limits for scheduling of an administrative hearing or Student Conduct Board hearing may be extended at the discretion of the Dean of Students. Written notification to the Accused Student will include:
a) the alleged conduct violation,
b) a summary of the specific allegations,
c) the time, date, and place of the hearing,
d) the name(s) of the Student Conduct Administrator or Student Conduct Board members, who will hear the case,
e) the potential disciplinary sanctions, and
f) the related procedures outlined in Article IV.
Like notice will also be provided to the Complainant.
5. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
6. The determination of whether or not a violation of the Student Conduct Code occurred will be made on the basis of whether it is more likely than not that the Accused Student violated the Student Conduct Code.
7. The Dean of Students or designee will notify the Accused Student and the Complainant of the outcome of the hearing in writing within ten (10) business days of completion of the hearing.
8. If an Accused Student, with notice, does not appear for the hearing, the information in support of the charges will be presented and considered even if the Accused Student is not present.
9. A conduct violation that may not result in the sanction of suspension or expulsion will be resolved through an administrative hearing with the Dean of Students or Student Conduct Administrator. During the administrative hearing the accused student will have an opportunity to respond to the charges and to present evidence or witnesses contesting the charges. The Dean of Students or Student Conduct Administrator will determine if a violation occurred and will issue appropriate sanctions.
10. A conduct violation that may result in the sanction of suspension or expulsion will be resolved through a Student Conduct Board Hearing according to the following guidelines except as provided by Article IV(A)(l) below:
a. Hearings will be conducted in private.
b. The Student Conduct Committee chairperson and two members of the Student Conduct Committee will be appointed by the Dean of Students to serve on the Student Conduct Board, except as provided in Article IV (A) 1 c. below.
c. In cases involving sexual harassment and other forms of sexual misconduct, the Dean of Students, Director of Human Resources, and the Director of Campus Security will comprise the Student Conduct Board
d. The Complainant, Accused Student and their advisors, if any, will be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing will be at the discretion of the chairperson of the Student Conduct Board.
e. In hearings involving more than one Accused Student, the Dean of Students, in his or her discretion, may permit the Student Conduct Board Hearing(s) concerning each student to be conducted either separately or jointly.
f. The Complainant and the Accused Student have the right to challenge any member of the Student Conduct Board on grounds of prejudice. This challenge, with the reasons for the challenge, must be submitted in writing to the Dean of Students at least two (2) business days prior to the hearing. The Dean of Students or designee will determine if the member will sit on that case. If the challenge is upheld, the Dean of Students or designee will select another Student Conduct Committee member for the Student Conduct Board.
g. The Complainant and the Accused Student have the right to be assisted by an advisor they choose, at their own expense. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Board Hearing before a Student Conduct Board. An Accused Student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
h. The Complainant, the Accused Student, Student Conduct Administrator, and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. The college will try to arrange the attendance of possible witnesses who are members of the college community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two (2) weekdays prior to the Student Conduct Board Hearing. Witnesses will provide information to and answer questions from the Student Conduct Board.
i. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received will be resolved in the discretion of the chairperson of the Student Conduct Board.
j. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson.
k. All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
l. After the portion of the Student Conduct Board Hearing concludes in which all pertinent information has been received, the Student Conduct Board will determine by majority vote whether the Accused Student has violated each section of the Student Code which the student is charged with violating.
m. There will be a single verbatim record, such as a tape recording, of all Student Conduct Hearings before a Student Conduct Board (not including deliberations). Deliberations will not be recorded. The record will be the property of the college.
n. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Dean of Students or designee to be appropriate.
1. The following sanctions may be imposed upon any student found to have violated the Student Conduct Code:
a. Warning—a notice in writing to the student that the student is violating or has violated institutional regulations.
b. Probation—a written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
c. Loss of Privileges—denial of specified privileges for a designated period of time.
d. Fines—previously established and published fines may be imposed.
e. Restitution—compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
f. Discretionary Sanctions—work assignments, essays, service to the college, or other related discretionary assignments.
g. Suspension—separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
h. Expulsion—permanent separation of the student from the college.
i. Revocation of Admission and/or Degree—admission to or a degree awarded from the college may be revoked for fraud, misrepresentation, or other violation of college standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
j. Withholding Degree—The college may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
k. Delayed Registration-- A student may be required to delay his/her course registration until a complainant or any other student(s) involved in a conduct matter has completed course registration. Delayed registration is for a specified number of semesters or may be required until the complainant or other involved student(s) graduate.
2. More than one of the sanctions listed above may be imposed for any single violation.
3. (a) Other than college expulsion or revocation or withholding of a degree, disciplinary sanctions will not be made part of the student’s permanent academic record but will become part of the student’s disciplinary record.
(b) In situations involving both an Accused Student(s) (or group or organization) and a student(s) claiming to be the victim of another student’s conduct, the records of the process and of the sanctions imposed, if any, will be considered to be the education records of both the Accused Student(s) and the student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.
4. The following sanctions may be imposed upon groups or organizations:
a. Those sanctions listed above in article IV(B)(1)(a)–(k).
b. Loss of selected rights and privileges for a specified period of time.
c. Deactivation-loss of all privileges, including college recognition, for a specified period of time.
5. In each case in which a Student Conduct Board or Student Conduct Administrator determines that a student and/or group or organization has violated the Student Code, the sanction(s) will be determined and imposed by the Dean of Students with the exception of expulsion.
C. Interim Suspension
In certain circumstances, the Dean of Students or designee, may impose an interim suspension prior to the disposition of a student conduct hearing.
1. Interim suspension may be imposed only:
a. to ensure the safety and well-being of members of the college community or preservation of college property;
b. to ensure the student’s own physical or emotional safety and well-being; or
c. if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the college
2. During the interim suspension, a student will be denied access to the campus (including classes) and/or all other college activities or privileges for which the student might otherwise be eligible, as the Dean of Students or designee may determine to be appropriate.
3. The interim suspension does not replace the regular process, which will proceed on the normal schedule, up to and through an Administrative or Student Conduct Board proceeding, if required. However, the student should be notified in writing of this action and the reasons for the suspension. The notice should include the time, date, and place of a subsequent hearing at which the student may show cause why his or her continued presence on the campus does not constitute a threat and at which they may contest whether a campus rule was violated.
1. The decision of a Student Conduct Administrator or Student Conduct Board including sanctions imposed may be appealed by the Accused Student(s) or Complainant(s) to the Vice President for Student Services or designee within five (5) business days of the decision. Such appeals will be in writing and will be delivered to the Dean of Students or his or her designee. The Vice President or designee will determine if the decision and/or sanctions imposed will be stayed pending the outcome of the appellate decision.
2. If an appeal is filed, the Complainant and the Accused Student will receive written notification stating:
a. That the appeal has been filed;
b. The specific reason for the appeal, including a copy of the written appeal document; and
c. That they have the opportunity to submit additional relevant information and/or statements for review by the Vice President for Student Services or designee.
3. Except as required to explain the basis of new information, an appeal will be limited to a review of the verbatim record of the student conduct hearing and supporting documents for one or more of the following purposes:
a. To determine whether the Student Conduct Board Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
b. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Conduct Code which the student was found to have committed.
c. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing.
4. The Vice President for Student Services may affirm, reverse, or modify the decision regarding the violation and/or sanctions imposed.
E. Cases of Expulsion
1. The Kirkwood Board of Trustees maintains the authority to expel a student. The Vice President for Student Services and the President will determine if a sanction of expulsion will be recommended to the Board of Trustees upon receiving such a recommendation from the Dean of Students. Appeals of decisions of the Board of Trustees will be forwarded, processed, and reviewed under the rules and procedures established by that body.
ARTICLE V: COMPOSITION OF STUDENT CONDUCT COMMITTEE
The Student Conduct Committee is appointed by the Vice President for Student Services and is composed of three (3) staff members nominated by the Dean of Students, three (3) faculty members nominated by the Vice President for Academic Affairs, and one (1) faculty/staff chairperson appointed by the Vice President for Student Services. The Dean of Students or designee will preside over all meetings of the Student Conduct Committee.
ARTICLE VI: TRAINING
The Dean of Students or designee will conduct annual training with persons involved in the administration of the student conduct system. This includes, but is not limited to, the Student Conduct Committee members and other Student Conduct Administrators. Training will be conducted in a manner that is consistent with provisions of the student conduct code.
ARTICLE VI: INTERPRETATION AND REVISION
A. Any question of interpretation or application of the Student Conduct Code will be referred to the Dean of Students or designee for final determination.
B. The Student Conduct Code will be reviewed every three years under the direction of the Dean of Students.
Attendance at the College includes, but is not limited to, attendance in person or by correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies, and the period during which a person is working under a work-study program
Directory Information is information concerning a student that may be released publicly. The College designates the following items as directory information.
- Student’s name
- Degrees, diplomas, certificates earned and awards (e.g., Dean’s list)
- Dates of attendance (e.g., Fall 2010, Fall 2010-Spring 2012)
- Enrollment status (full-time, part-time, not enrolled)
- Participation in officially recognized activities (e.g., SIFE, DECA)
- Participation in officially recognized sports
- Height and weight of members of athletic teams
- Major (for commencement program only)
- Hometown (for commencement program only)
The College may disclose any of these items of directory information on any student, currently enrolled or not. Students have the right to request that no directory information be made public by completing a Directory Information Block Request form and filing it with the One Stop office. Such requests for non-disclosure will be honored by the College for only one academic year; therefore, requests to withhold Directory Information must be filed annually in the One Stop office.
- Disclosure means permitting access, release, transfer or other communication of personally identifiable information contained in education records by any means to any party.
- Education Records include any information or data recorded in any medium, including but not limited to electronic, print, handwriting, film, microfiche and e-mail, which is directly related to a student and maintained by the College or by a person acting for the College. The term “education records” does not include the following:
- Records that are kept in the sole possession of the maker of the records, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
- Records created and maintained solely for law enforcement purposes by Campus Security.
- Employment records made and maintained in the normal course of business and related exclusively to the individual in that individual’s capacity as an employee and are not available for use for any other purpose. This exception does not include records relating to a student in attendance at the College who is employed as a result of his/her status as a student (e.g., work study); such records are protected as “education records”.
- Records created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his/her professional capacity and used only in the treatment of the student and not available to individuals other than those providing the treatment.
- Alumni records created or received by the College after an individual is n o longer a student in attendance and that are not directly related to the individual’s attendance as a student (e.g., information collected by the College pertaining to alumni accomplishments).
- Grades on peer-graded papers before they are collected and recorded by a teacher.
- Admission records for an individual who does not enroll at the College.
- Legitimate Educational Interests are the demonstrated “need to know” by those school officials who act in the student’s educational interest. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his/her professional responsibility.
- Parent means a parent of a student and includes a natural parent (custodial and/or non-custodial), a guardian, or an individual acting as a parent in the absence of a parent or a guardian. This definition includes adoptive and custodial stepparents. At the postsecondary level, FERPA rights have transferred to the student and parents have no rights under FERPA to inspect their student’s education records, which will not be released to parents except in certain circumstances in which the law allows a student’s education records to be disclosed to a parent without the prior consent of the student.
- School Officials demonstrating a legitimate educational interest within the limitations of their “need to know” may have access to student education records protected by FERPA. A school official is a person employed by the College as a faculty, administrative, clerical, medical, legal or professional employee or other person who manages student education records including the campus nurse, student employee and volunteer; a member of the Board of Trustees; a person, company or organization with whom the College has contracted or otherwise arranged to provide services that the College itself would otherwise have to provide, such as an attorney, auditor, collection agent, security service or other service provider; a member of an external accreditation committee; an employee at a high school where a Kirkwood student is also currently enrolled; an employee of a state/federal approving agency.
- Student means any individual who is officially registered and in attendance, or who has been officially registered and in attendance, at the College, and about whom the College maintains education records. A person who has applied for admission to but has never been in attendance at the College is not a student. The right to inspect education records resides solely with the student. Parents have no rights under FERPA to their student’s postsecondary education records.
Maintenance of Student Records
All College personnel, including student employees, involved in the handling and maintenance of education records protected by FERPA shall be instructed concerning the confidential nature of such information and their responsibilities regarding it, pursuant to this policy and the provisions of FERPA. This instruction will be a part of each employee’s orientation procedure, including student employees, and will be finalized by their signing the Code of Responsibility form. Annual FERPA refresher instruction will be required for continuation of access to student education records.
Annual Notice to Students of FERPA Rights
The OneStop office gives public notice of student rights under FERPA annually by email and via the College Web site.
Disclosure of Student Records
The College may disclose directory information on any student, currently enrolled or not, without prior written consent. Students have the right to request directory information not be made public by completing a Directory Information Block Request form and filing it with the OneStop office. Such requests for non-disclosure will be honored by the College for only one academic year; therefore, requests to withhold Directory Information must be filed annually in the One Stop Offce. Such requests for non-disclosure will be honored by the College for only one academic year; therefore, requests to withhold Directory Information must be filed annually in the One Stop office.
Education Records with Consent of the Student
The College will obtain a signed and dated written consent from a student before it discloses personally identifiable information, other than directory information, from a student’s education records, except as authorized by law, to any individual, agency or organization. This consent will specify the records to be disclosed, the purpose of the disclosure, and the parties to whom the disclosure may be made.
Education Records without Prior Consent of the Student as Authorized by Law
All education records are maintained in confidence. However, under certain circumstances in accordance with the Act, they may be disclosed without the prior consent of the student. The agencies, institutions, entities and individuals who may receive or inspect these records are listed below.
Parties to whom personally identifiable information is released, as a general rule, are not permitted to disclose the information to others without the written consent of the student, nor misuse personally identifiable information, and must destroy these documents and/or electronic records when no longer needed.
The College will maintain a record of the requests for and disclosure of personally identifiable information from a student’s education records for the situations outlined below except for paragraphs 1, 9 and 12 below, those made by students for their own education records, requests involving written consent from the student, disclosures to school officials under the conditions of their legitimate educational interest, a party seeking directory information, or a federal grand jury or law enforcement subpoena, or court order, that prohibits disclosure.
The record will include the name of the individual or agency requesting information, the reason for the request including the legitimate educational interest the party had in obtaining the information, the date of the request, and the disposition of the request and will be made part of the student’s permanent record.
- Kirkwood Community College school officials or their agents who have a legitimate educational interest in student records and data, and who require personally identifiable information to complete their assigned duties, may review such material.
- Officials of another institution where the student seeks to enroll or is enrolled, or where the student receives services from the other institution in connection with the student’s participation in internships, affiliations or other programs related to the student’s courses or program at the College.
- Authorized representatives of institutions from which the student has received financial aid or with which a student has applied for financial aid are entitled to access if needed to determine eligibility for, the amount of, or the conditions for aid, or to enforce terms or the conditions of such aid. “Financial aid” as used in this paragraph means a payment of funds provided to a student that is conditioned on his/her attendance at the College.
- Authorized representatives of the federal, state and local educational authorities may review personally identifiable information from student records in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements related to those programs.
- Federal, state, local and independent organizations engaged in studies for, or on behalf of, the college to develop, validate, or administer student aid programs, administer predictive tests, or improve education. Information is disclosed, however, only when these institutions confirm that the study will be conducted in a manner that does not permit personal identification of students by individuals other than representatives of the organization and the information will be destroyed when no longer needed for the purposes for which the study was conducted.
- Accrediting organizations in order to conduct accrediting functions.
- Information will be provided pursuant to a lawful subpoena or court order. Before complying with a subpoena, the College will attempt to notify the student involved that a subpoena has been issued, unless the subpoena prohibits such notification. The notification will be sent to the student’s last known address and to counsel for the student, if known.
- In the case of an emergency, the College may disclose personally identifiable information to the appropriate parties if knowledge of the information is deemed by the College to be necessary to protect the health or safety of the student or other individuals based on the following considerations: (1) the nature of the emergency, (2) the need for information, (3) the relative assistance the parties can offer, (4) and the amount of time available. The Dean of Students will be the responsible officer in emergency cases, and if unavailable, another appropriate administrator.
- To an alleged victim of a crime of violence or non-forcible sex offense of the final result of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime, regardless of the outcome of the proceeding. The final results of any disciplinary proceeding shall include only the name of the student, the violation committed, and any sanction imposed against the student.
- To a court of law those education records that are necessary to defend the College against a student who initiates legal action against it, or those education records that are relevant to the College’s case as a plaintiff in a legal action against a student.
- Information regarding disciplinary action taken against a student for conduct that posed a significant risk to the safety or well being of that student, other students, or other members of the College community may be released to school officials or to school officials at other institutions who have been determined to have a legitimate educational interest in the behavior of the student.
- To the parent of a student who is under the age of 21 information about a violation of any federal, state or local law, or any rule or policy of the College, governing the use or possession of alcohol or a controlled substance if the College determines that the student has committed a disciplinary violation with respect to such use or possession.
- Although students have the right to opt out of the release of directory information, they may not choose to be anonymous within the classroom setting, whether in a traditional or distance learning class, by opting out. Disclosure of name and email address, as required by the instructor and classroom setting, for purposes of conducting the class and class discussion or activities is permissible under FERPA.
- The College may disclose to third-parties any student information that it has designated as directory information, provided that the student has not restricted such information from disclosure.
- Under the Solomon Amendment, student military recruiting information (name, address, telephone number, age or year of birth, level of education [e.g., freshman, sophomore] and major of currently enrolled students) will be released to military recruiters unless students have previously requested that no directory information be disclosed to third parties under FERPA.
Access to Education Records by Students
The College will provide current and former students access to the student’s own education records, with the exception of those listed below, within 45 days of receipt of the student’s written request.
- They are not entitled to the financial aid records of the student’s parents or guardian.
- They must not be permitted to view their education records if they contain information about another student; in such cases, they will be permitted to access only that part of the record which pertains to the inquiring student.
The substantive judgment of a faculty member about a student’s work, expressed in grades and/or evaluations, is not within the purview of this right to challenge. The right to challenge grades does not apply under The Act unless the grade assigned was inaccurately recorded, in which case the record will be corrected.
Students have the right to challenge the content of their education records if they consider the information within to be inaccurate, misleading, or inappropriate. This process includes an opportunity for amendment of the records or insertion of written explanations by the student into such records.
Students challenging information in their records must submit, in writing, a request for a hearing to the College Registrar, listing the specific information in question and the reasons for the challenge. A hearing will be conducted by a College official who has no direct interest in the outcome of the hearing. The student shall be afforded a full and fair opportunity to present evidence relevant to the reasons for the challenge. The hearing officer will render a decision, in writing, noting the reason and summarizing all evidence presented within a reasonable timeframe after the challenge is filed.
Should the hearing be in favor of the student, the record shall be amended accordingly. Should the request be denied, an appeal may be made, in writing, and submitted to the Registrar within 10 days of the student’s notification of the decision of the hearing officer. The appeal shall be heard by an appeals board of three disinterested senior College officials and a decision rendered, in writing, within a reasonable period of time.
Should the appeal be in favor of the student, the record shall be amended accordingly. Should the request be denied, the student may choose to place a statement with the record commenting on the accuracy of the information in the record and/or setting forth any basis for inaccuracy. When disclosed to an authorized party, the record will always include the student’s statement and notice of the board’s decision, as long as the student’s record is maintained by the College.
The student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave., SW
Washington DC 20202-5901
Questions related to this policy should be directed to the Registrar at (319) 398-5476.
Additional FERPA information can be found at the Family Policy Compliance Office Website: http://www2.ed.gov/policy/gen/guid/fpco/index.html
Tobacco Free – Smoke Free
Tobacco use, including cigarettes, cigars, pipes & smokeless tobacco is prohibited. The use of e-cigarettes is also prohibited. Smoking is defined as the burning or inhaling of tobacco or other matter that can be smoked or inhaled, or the inhaling of smoke or vapor from an electronic smoking device.
The use of tobacco products, which includes smokeless and smoking tobaccos, is prohibited:
- In all areas within Kirkwood Community College buildings.
- On all property owned, leased, or occupied by Kirkwood Community College.
- In all vehicles owned, leased, or rented by the school.
This policy applies to all employees, students, partners and visitors.
Persons willfully refusing to comply will be considered in violation of Kirkwood Community College policy and subject to disciplinary actions.
All persons in non-compliance of the Smoke Free Air Act and Kirkwood’s policy will be considered in violation and subject to disciplinary action.
- No tobacco products shall be sold or distributed on Kirkwood Community College property.
- Campus organizations are prohibited from accepting money or gifts from tobacco companies that promote use of their products.
- Tobacco advertisements are prohibited in college-run publications and at any athletic or other campus events.
- Signs stating that the entire campus is tobacco free are prominently posted at all campus and building entrances and other conspicuous places. All ash receptacles will be removed from the school grounds.
- People who wish to consider employment at Kirkwood Community College will be notified of its tobacco-free environment through information provided on the school’s website, job advertisements, and job applications.
- Employees will be advised of the provisions of this policy during new hire orientation. Supervisors will be responsible for notifying their employees of the provisions of this policy and assisting with enforcement.
- This policy will be communicated to the public through signs, announcements, newsletters, media events, advertisements, the school website, and job postings.
- Employees may attend tobacco cessation counseling. Announcements regarding cessation counseling and any incentives offered by administration will be communicated through the Tempo e-newsletter and posted announcements. The state and national tobacco quit lines will be promoted as well.
- Employees or students smoking or using tobacco products on Kirkwood Community College property are in violation of the stated policy and subject to disciplinary action.
- Employees and students will be educated on the tobacco policy and opportunities for cessation counseling throughout the disciplinary action process.
- All Kirkwood Community College employees are authorized and encouraged to communicate and reinforce this policy with courtesy and diplomacy to any person whom they see violating the policy. Individuals who refuse to comply with the policy should then be reported to security for immediate follow-up action.
- Students, partners and visitors will be notified of this policy prior to arrival whenever possible.
Traffic and Parking
Cedar Rapids Campus
Students may park in any of the non-designated parking lots. Disability (handicap) spaces are reserved for those vehicles that display valid state of Iowa disability identification. Visitor spaces are for campus guests and should not be used by Kirkwood students, faculty or staff. Areas marked Blue Permit are reserved for faculty and staff vehicles that display valid blue parking permits. Taking parts of two spaces, or parking on the lawn, sidewalks or roadways is not permitted.
Reckless driving and speeding are prohibited at all times. Kirkwood’s traffic and parking rules are based upon Section 260C.14 of the Code of Iowa. As the college has campuses located in various cities and towns, the local laws and ordinances also apply. Traffic and parking rules will be enforced as shown in the violations chart.
Administrative fees for violations will be considered the same as any other debt owed to the college. If a ticket is received, students must do one of the following:
- Pay the fee at the cashier, 202 Kirkwood Hall.
- Mail the fee to Kirkwood in the envelope provided.
- Submit an appeal form within 48 hours. Appeal forms may be obtained and completed at www.kirkwood.edu/security, click “Parking.”
1-10 MPH over
||2nd offense = $40
3rd offense = $60, notification to dean of students
11-20 MPH over
||2nd offense = $50
3rd offense = $70, notification to dean of students
21-30 MPH over
||2nd offense = $80, notification to dean of students
3rd offense = 100, notification to dean of students
31 or more MPH over
||2nd offense = $125, notification to dean of students
3rd offense = $150, notification to dean of students
|Failure to stop at stop sign
||2nd offense = $45
3rd offense = $60, notification to dean of students
||2nd offense = $75, notification to dean of students
3rd offense = $100, notifications to dean of students
|Operating while intoxicated*
||Campus Security will turn offender over to the Cedar Rapids or other appropriate police department.
|Parking in Disabilities area without displaying state placard
|Parking in Visitor, Blue Permit, or other restricted area
||2nd offense = $20
3rd offense = $30, notification to dean of students
|Parking on grass or in illegal location
||2nd offense = $20
3rd offense = $30, notification to dean of students
|* NOTE: Reckless driving, excessive speed, and operating while intoxicated, endangering others and consequently are violations of te Student Code of Conduct. These violations could lead to additional sanctions.
Weapons of any kind, whether carried open or concealed, shall not be allowed on any Kirkwood Community College property or at any Kirkwood sponsored event. This is regardless of the individual having a weapon permit issued by the State of Iowa or by any other state.
The term weapon includes, but is not limited to the following:
- pistol, revolver, or handgun
- shotguns or rifles
- any weapon designed or intended to propel a missile of any kind (includes air gun, paint ball, BB or pellet guns, potato guns or other homemade devices
- bow and arrows
- knives having a blade of 3” or more
- straight edge razor or razor blade
- brass knuckles, blackjacks, saps, or sap gloves
- bat, club or other bludgeon type weapon
- stun gun or taser
- mace or pepper spray
- also not permitted are potentially hazardous items such as ammunition, explosives, fireworks including firecrackers.
Campus Security will be notified if an individual is suspected or found to have a weapon or hazardous item. The individual will be advised to remove the item(s) from campus. If the individual refuses, or if the item(s) is illegal, the police will be contacted. Kirkwood will pursue disciplinary, civil or criminal action as appropriate against anyone who violates this policy by engaging in violence, threats of violence, or intimidation. If a faculty, staff, or student is found to be in violation of this policy, they will be referred for possible disciplinary action.
Exemptions: This policy does not apply to law enforcement personnel or peace officers who are carrying the weapon in performance of their duties.