Student Code of Conduct

I. Title of Regulation: Student Code of Conduct

II. Objective of Regulation

This document describes the College’s Student Code of Conduct. It specifies expectations for behavior, the sanctions that can be applied when rules are violated, and the jurisdiction, structure, and operation of the College’s system for resolving conduct complaint cases. It is the responsibility of all Passaic County Community College students to familiarize themselves with these rules.

In keeping with the values defined in our Mission Statement, Passaic County Community College strives to maintain a supportive, open environment where learning and creativity can flourish. Passaic County Community College values honesty, integrity, and accountability. The College must take every opportunity to offer students both formal and informal experiences that foster learning, personal growth, and civic responsibility. As such, its rules are conceived for the purpose of furthering and protecting the rights of all members of the College community in achieving these ends.

Passaic County’s rich diversity defines us and shapes our efforts. Passaic County Community College students are expected to respect all members of the community and resist behaviors that may cause danger or harm to others. All Passaic County Community College students are expected to observe established standards of scholarship and academic freedom by respecting the intellectual property (work) of others and by honoring the right of all students to pursue their education in an environment free from harassment, discrimination and intimidation. Students are expected to adhere to the civil and criminal laws of the local community, state, and nation and to rules, policies, and procedures set forth by the College.

III. Definitions

The term “PCCC” or “College” means Passaic County Community College.
The term “Student” includes all persons taking credit and non-credit courses at PCCC, pursuing undergraduate or continuing education studies. Persons who are not officially enrolled for a particular term but who have a continuing relationship with PCCC are considered “students.”
The term “Faculty Member” means any person hired by PCCC to conduct classroom activities.
The term “College Official” includes any person employed by PCCC performing assigned administrative or professional responsibilities.
The term “Member of the PCCC Community” includes any person who is a student, faculty member, PCCC official, or any other person employed by PCCC.
The term “College Premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College.
The term “Organization” means any group of persons who have complied with the formal requirements for College recognition.
The term “Judicial Affairs Committee” means a standing committee of the Academic Council, the academic governing body of PCCC. The Judicial Affairs Committee is authorized by the Bylaws of the Academic Council to determine whether a student has violated the Student Code of Conduct and to recommend the imposition of sanctions.
The term “Cheating” includes, but is not limited to:
1. use of any unauthorized assistance in taking quizzes, tests, or examinations;
2. dependence upon the aid of sources beyond those authorized by the instructions in writing papers, preparing reports, solving problems, or carrying out the assignments; or
3. the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff. (For additional information, see the Academic Integrity Policy.)
The term “Plagiarism” includes, but is not limited to, the intentional use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials. (For additional information, see the Academic Integrity Policy.)
The term “Disruptive Behavior” includes engaging in any reckless, tumultuous, or unlawful act or course of conduct outside of class, or engaging in any classroom behavior detrimental to the learning environment that may require the faculty member to warn or verbally dismiss the student from the classroom and/or request a security escort. This behavior includes, but is not limited to, acting out, participating in side conversations, and the use of cellular telephones, text messaging or other forms of audible or electronic devices. This provision is not designed to be used as a means to punish classroom dissent. The respectful expression of a disagreement with the teacher’s views is not in itself “disruptive” behavior.
The term “Expulsion” means separation of the student from the College and being barred from College property and all College-sponsored events.
The term “Sexual Misconduct” refers to an umbrella term that includes sexual harassment, sexual violence, domestic violence, dating violence and stalking, all of which are defined in pccc.edu/TitleIX. Additionally, this term also refers to any act of a sexual nature. Examples include but are not limited to: use of any substance to incapacitate an individual; lewd or obscene conduct (public urination, sexual acts performed in public, surreptitiously taking and or distributing pictures of another person in a gym, locker room, or restroom, streaking, possession or distribution of pornographic material; possession or distribution of any obscene materials, as defined by the standards of the College community).
The term “Sexual Harassment” refers to any unwelcome conduct of a sexual nature, including but not limited to unwelcome sexual advances; requests for sexual favors; or other verbal or nonverbal conduct of a sexual nature, including rape, sexual assault, unwelcome touching, patting or other physical contact, and sexual exploitation when submission is made either explicitly or implicitly a condition of employment, the basis of employment decision, the basis of academic determinations, or has the purpose or effect of interfering with the victim’s work performance or academic performance. In addition, depending on the facts, dating violence, domestic violence, and stalking may also be forms of sexual harassment.
The term "Hazing" is defined as a disorderly offense if in connection with initiation of a student or fraternal organization, a person knowingly or recklessly organizes, promotes, facilitates or engages in conduct which may place another person in danger or bodily injury.
The term “Crime of Violence” includes, but is not limited to, arson, burglary, robbery, homicide, sexual misconduct, assault, destruction/damage/vandalism of property and kidnapping/abduction.
The term "Stalking" is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.
The term “Cyber Bullying” is defined as willful and repeated threats, harassment or intimidation intended to inflict harm through the medium of electronic media. This behavior may occur on or off-campus.

IV. Purpose and Scope of the Student Code of Conduct

The purpose of the Student Code of Conduct is to provide a set of rules and to ensure that all students receive fair treatment as described in this Student Code of Conduct when violations of the rules occur. Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct proceedings are conducted with fairness to all, but do not include the same protections afforded by the courts. Fair treatment assures written notice and a hearing before an objective decision-maker, as described within these procedures. No student will be found in violation of College policy without information showing that it is more likely than not that a policy violation occurred, and any sanction will be proportionate to the severity of the violation.
The Student Code of Conduct will apply to students engaging in activities on campus, or at any of the Passaic County Community College premises as well as to College approved functions on or off campus.
Special Provisions:
1. Attempted Violations - PCCC will treat attempts to commit any of the violations listed in the Student Code Conduct as if those attempts had been completed.
2. College as Complainant - As necessary, PCCC reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.
3. False Reports - PCCC will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation.
4. Immunity for Victims/Witnesses/Those Offering Assistance - The PCCC community encourages the reporting of conduct code violations and crimes. It is in the best interests of this community that victims, witnesses and those offering assistance report violations to College officials. To encourage reporting, PCCC reserves the right to offer victims of crimes, witnesses and those offering assistance various degrees of immunity including amnesty.
5. Parental Notifications Pursuant to the Family Educational Rights and Privacy Act (FERPA). PCCC reserves the right to notify the parents/guardians of dependent students regarding any conduct violation. Regardless of dependency status, PCCC may contact the parents/guardians or family of any student to inform them of situations in which there is a health and/or safety risk. PCCC reserves the right to designate which college officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act (FERPA).
6. Notification of Outcomes - The outcome of a campus hearing is part of the educational record of the accused student, and is protected from release under federal law, FERPA. However, PCCC observes the legal exceptions as follows:
  1. Complainants in non-consensual sexual contact/intercourse incidents have an absolute right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation.
  2. Complainants in sexual exploitation/sexual harassment complaints have a right to be informed of information regarding sanctions that personally identifies and is directly pertinent to them, such as the imposition of a restriction on physical contact between the complainant and the accused student. Otherwise, information on the outcome and sanction cannot be shared.
  3. PCCC may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a college policy that is a "crime of violence". PCCC may release this information to the complainant in any of these offenses regardless of the outcome, but complainants are cautioned that FERPA does not permit them to re-release this information to others.
7. Misconduct Online. Students are cautioned that inappropriate behavior conducted online can subject them to College conduct violations. Students must also be aware that blogs, web pages, and online postings are in the public sphere, and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. The College may take action if and when such information is brought to the attention of College officials.

V. Violations

Any student found to have engaged in the following misconduct is subject to the conduct sanctions set forth in the Student Code of Conduct:
1. Assault or attempted assault, which may include sexual assault, rape, acquaintance rape, domestic violence, dating violence, physical abuse or injury of any individual. (For complete definitions refer to pccc.edu/TitleIX).
2. Threat, verbal assault or abuse or physical obstruction of any College community member. This includes verbal or physical disruption or obstruction of teaching, and/or of any individual, office or authorized College activity.
3. Stalking, purposely and repeatedly following another person and engaging in acts over a period of time (no matter how short) evidencing a continuity of purpose with the intent of annoying or alarming that person or placing that person in reasonable fear for his/her safety.
4. Discriminate, bully, intimidate, harass an individual or group on the basis of race, gender identity or expression, color, age, creed, religion, national or ethnic origin, sexual orientation, military status, or physical or mental disability.
5. Engaging in any reckless, tumultuous, or unlawful act or disruptive behavior on-campus, or while attending an off campus, college-sponsored event and/or online.
6. Hazing of another individual or group; willingly or knowingly organizing, promoting, facilitating or engaging in any conduct which places or may place another or group in danger of physical, emotional or psychological injury or distress.
7. Making excessive tumultuous noise which includes but is not limited to profanity or offensive language.
8. Obstruction or restraining the free movement of another or causing a campus disruption of authorized activities and/or events. Breach of peace, or aiding, a betting, or procuring another person to breach the peace on College premises at functions sponsored by or participated in by the College.
9. Use of cellular telephones, text messaging, or other forms of electronic devices during a classroom lecture, exam or College-sponsored program, unless previously approved by the instructor or other authorized administrator.
10. Unauthorized use, possession, or storage of any firearms, shotguns, pistols, knives, razors, explosives, or any other dangerous weapons, instruments, or dangerous chemical substances in or on College premises or at any functions sponsored by the College.
11. Use, possession, distribution or manufacture of narcotic or other controlled substances except as permitted by law.
12. Use, possession, or distribution of alcoholic beverages on College premises; public intoxication on College premises; driving under the influence of alcohol or other drugs on College premises. Alcohol use is not allowed at any PCCC events held on campus. Alcohol use at off campus events is the responsibility of the host facility and students must adhere to local and federal laws.
13. Smoking on College premises is prohibited.
14. Gambling on College premises or during functions sponsored by the College.
15. Acts of dishonesty, including, but not limited to the following:
  1. Cheating, plagiarism, or other forms of academic dishonesty (see Academic Integrity Policy);
  2. Furnishing false information to any College official, faculty member, or office;
  3. Forgery, alteration, or misuse of any College document, record, instrument of identification, or electronic parking device;
  4. Tampering with an election conducted by a College recognized student organization.
16. Engaging in any form of sexual harassment and/or sexual misconduct.
17. Misrepresentation of oneself or misrepresentation of an organization as being an agent authorized to act for or on behalf of the College.
18. Theft of or damage to College property; damage to property in the possession of or owned by a member of the College Community; or possession of stolen property on College premises.
19. Violation of federal, state, or local laws on College premises or at PCCC sponsored or supervised activities.
20. 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.
21. Unauthorized possession, duplication, or use of keys to any College premises or unauthorized entry to, or use of, College premises, which includes both indoor and outdoor space.
22. Violation of published College policies, rules, or regulations.
23. Misuse of computing facilities or network to interfere with the normal operation of the college computing system, including but not limited to:
  1. Theft or unauthorized entry into a file, data, e-mail or other electronically stored information to use, read, transfer, alter the content, or for any other purpose;
  2. Unauthorized use of another individual’s identification, password or computer account;
  3. Spamming, probing or hacking into other computers or computer systems.
  4. Use of computing facilities to interfere with the work of another student, faculty member, or College official;
  5. Use of computing facilities to send computer viruses, obscene, abusive, or threatening messages;
  6. Uploading or downloading copyrighted material for personal use or distribution without authorization.
24. Abuse of the Judicial process, including but not limited to:
  1. Failure to adhere to the appropriate directions of a College official;
  2. Falsification, distortion, or misrepresentation of information before the Judicial Affairs Committee;
  3. Disruption or interference with the orderly conduct of a Judicial Affairs Committee hearing;
  4. Attempting to discourage an individual’s proper participation in, or use of, the Judicial Affairs Committee hearing;
  5. Attempting to influence the impartiality of a member of the Judicial Affairs Committee prior to, and/or during the course of, the hearing;
  6. Harassment (verbal or physical) and/or intimidation of a member of the Judicial Affairs Committee prior to and/or after a hearing;
  7. Failure to comply with the sanction(s) imposed under the Student Code of Conduct;
  8. Influencing others or attempting to influence another person to commit an abuse of the Student Code of Conduct;
25. Severe hygiene problems which interfere with the learning environment of others.
26. Violation of state, local, or campus fire policies, including:
  1. Failure to evacuate a college-owned building during a fire alarm;
  2. Improper use of college fire safety equipment;
  3. Tampering with or improperly engaging a fire alarm in a college building.
Violations of Law and College Discipline
1. If a student is charged only with an off-campus violation of federal, state, or local law, these violations will not be subject to the Student Code of Conduct.
2. 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 the subject of a proceeding under the Student Code of Conduct, however, the College may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters will be handled internally within the College community.

VI. Conduct Procedures - (Non Sexual Harassment, Sexual Misconduct and/or Stalking violations)

A. Complaints and Hearings

Any member of the College Community may file a complaint against any student for violation of the Student Code of Conduct. Complaints will be prepared in writing and directed to the Dean of Student Affairs, the administrator responsible for the coordination of the College Student Code of Conduct. Any complaint must be submitted within five (5) days. Complaints may be submitted after a longer period of time has elapsed at the discretion of the Dean of Student Affairs.
The Dean of Student Affairs, his/her designee, or other College officials may conduct an investigation to determine if there is reasonable cause to believe that an alleged violation has occurred. In such cases a determination and/or if the complaint can be addressed administratively by mutual consent of the parties involved. Such disposition will be final, and there will be no subsequent proceedings. If the complaint cannot be disposed of by mutual consent, the Dean of Student Affairs may refer the matter to the Judicial Affairs Committee, or in the case of a lesser offense, handle as noted below:
1. Lesser Offenses - In the case of all lesser offenses deemed by the Dean of Student Affairs not to constitute acts that would result in suspension or expulsion of the student or students, the Dean of Student Affairs will determine whether a violation has occurred and the sanctions that are appropriate by an informal process which will include talking to the student(s), giving the student(s) information about the regulation(s) allegedly violated and an opportunity for the student(s) to state his/her side of the incident. If the Dean of Student Affairs finds that it is more likely than not that a rule was violated, the Dean of Student Affairs may impose conduct sanctions as follows:
  1. Verbal reprimands
  2. Verbal reprimands confirmed in writing.
  3. Temporary suspension of parking privileges
  4. Smoking violation fine
  5. College community service
  6. All of the aforementioned.
2. Other Offenses - In cases where because of a prior conduct record, or because the alleged violation is of such a nature that, in the opinion of the Dean of Student Affairs suspension or expulsion could be imposed, the Dean of Student Affairs will refer the student to the Judicial Affairs Committee.
All complaints will be presented to the accused student in a written form. Written Notice will be mailed to the address on record but can also be emailed to a student's official College email account. Notice is presumptively delivered upon being mailed or emailed. The letter of notice will state the alleged incident as well as stating all policies that the accused student is alleged to have violated. A time shall be set for a hearing preferably no more than ten (10) business days after the student has been notified.
Hearings shall be conducted by the Judicial Affairs Committee according to the following guidelines:
1. The Judicial Affairs Committee which functions under the bylaws of the Academic Council will elect the Chairperson of the Committee.
2. Each person involved as a complainant or as an accused student will be required to supply a written account of the incident.
3. The accused student and the complainant will be notified by the Dean of Student Affairs in writing of the time and place of the hearing, the violations against him/her, and his/her right to identify witnesses on his/her behalf.
4. The parties to the complainant will be given the opportunity to object to the participation of any member of the Judicial Affairs Committee on the basis of conflict of interest. The committee will determine the validity of the claim.
5. An accused student in need of interpretive services will be permitted the option of requesting an interpreter approved by the Dean of Student Affairs to assist the student in the comprehension of questions from the committee and/or in the presentation of the student's responses to questions. The assisting individual may translate only that for which the student requires a precise translation and will not be permitted to edit such remarks or proffer commentary.
6. At the conduct hearing, the Chairperson of the Judicial Affairs Committee will read the complaint alleging violations of the Student Code of Conduct.
7. Hearings will be conducted in private.
8. The Judicial Affairs Committee, at the discretion of the Chairperson, may accept pertinent records, exhibits, and written statements as information for consideration. In-person statements by eyewitnesses are preferred.
9. All procedural questions are subject to the final decision of the Chairperson of the Judicial Affairs Committee. Formal rules of evidence, such as those applied in a criminal or civil court, do not apply.
10. The complainant and/or the accused are responsible for presenting his or her own information to the Committee.
11. The complainant, the accused, and the Dean of Student Affairs may identify witnesses who may have helpful information for the Committee. The Committee will determine what questions to ask of witnesses, with input the Committee considers helpful from the complainant, accused student, and the Dean of Student Affairs.
12. After the hearing, the Judicial Affairs Committee shall determine by majority vote whether the student has violated each section of the Student Code of Conduct that the student is accused of violating. The Judicial Affairs Committee’s determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct. The Committee will make a written recommendation to the Dean of Student Affairs about possible appropriate sanctions, if any violations of the Student Code of Conduct are found.

B. Sanctions

1. The Dean of Student Affairs may impose the following sanctions upon any student found to have violated the Student Code of Conduct, but before doing so, the Dean of Student Affairs will consider the recommendation of the Judicial Affairs Committee and will consult with the Senior Vice President for Academic and Student Affairs. The Dean of Student Affairs will notify the student. One or more of the following sanctions may be imposed for a single rule violation:

1. 1. Warning - A notice in writing to the student that the student is violating or has violated College regulations.
  2. 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 be violating any College regulation(s) during the probationary period.
  3. Loss of privileges - Denial of specified privileges for a designated period of time.
  4. Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  5. Suspension i.e. Separation of the student from the College for a given period of time with the term specified to the student. The conditions for readmission will be specified. A student suspended from the College forfeits all rights and privileges of a student. This may include the opportunity to attend any public and/or non-public College-sponsored functions. This may include being barred from PCCC premises. All suspension actions will be noted in the student’s record. In certain circumstances the Dean of Student Affairs with approval of the Senior Vice President for Academic and Student Affairs may impose an interim suspension from PCCC prior to a hearing of the Judicial Affairs Committee. In the event of an appeal, the Senior Vice President for Academic and Student Affairs and/or the Dean of Student Affairs may continue any previous suspension until disposition of the appeal.
  6. Expulsion - Separation of the student from the College and barring from College property and all College-sponsored events. An expelled student may apply for reinstatement after a year to the Senior Vice President for Academic and Student Affairs.

C. Appeals

1. A decision that a student did or did not violate PCCC regulations and/or a decision that imposed sanctions may be appealed by the accused student or complainants to the President of Passaic County Community College within five (5) school days of the decision. Such appeals will be in writing and will be delivered to the President or his or her designee. The President reviews the matter only to determine whether one of the following grounds for appeal has merit: was the original hearing conducted fairly in light of the alleged violation and information presented and in conformity with PCCC regulations and/or procedures;

a. was the determination about whether the regulations and/or procedures were violated based upon substantial information; that is, was there information sufficient to justify the Committee’s determination;

b. was the sanction(s) imposed appropriate for the violation of the Student Code of Conduct which the student was found to have committed;

c. is there new information sufficient to alter a decision because such information was not known to the person appealing at the time of the original hearing.

2. The President, upon the filing of such appeal, may (a) affirm the decision as to whether PCCC regulations were violated and, if so, impose a sanction(s) or (b) remand to the original Judicial Affairs Committee and the Dean of Student Affairs and/or the Senior Vice President for Academic and Student Affairs to correct an error in following PCCC procedures.

3. The President will advise the student in writing within a reasonable time of his/her decision.

VII. Conduct Procedures -(Sexual Harassment, Sexual Misconduct and/or Stalking Violations)

Charges of sex discrimination, sexual harassment and sexual misconduct will be treated seriously and pursued in accordance with established College procedures (pccc.edu/TitleIX).

VIII. Interpretation and Revision

Presidential Power - nothing in these regulations will be deemed to limit the final authority of the President of the College in all matters relating to violations of the Student Code of Conduct and the imposition of the discipline or sanction(s).
The Student Code of Conduct should be reviewed periodically under the direction of the Dean of Student Affairs.
Any question or interpretation regarding the Student Code of Conduct shall be referred to the Dean of Student Affairs.