Statement of Student Rights & Responsibilities

Patrick Henry Community College is a part of the Virginia Community College System and adheres to the standards set forth for the system. This statement of rights and responsibilities is designed to clarify those rights that the student may expect to enjoy as a member of the student body of a community college and the obligations which admission to the college places upon the student.

Responsibilities and Rights

1. The submission of an application for admission to a community college represents a voluntary decision on the part of the prospective student to participate in the programs offered by the institution pursuant to the policies, rules, and regulations of the community college and rules and regulations of the State Board for Community Colleges. College approval of that application, in turn, represents the extension of a privilege to join the college community and to remain a part of it so long as the student meets the required academic and behavioral standards of the college system.
2. Each individual student is guaranteed the privilege of exercising his/her rights without fear of prejudice. Such rights include the following:
   1. Students are free to pursue their educational goals; appropriate opportunities for learning in the classroom and on the campus shall be provided by the college for curricula offered by the college.
   2. No disciplinary sanctions may be imposed upon any student without due process, except as explained in the following sections.
   3. Free inquiry, expressions, and assembly are guaranteed to all students provided their actions do not interfere with rights of others or the effective operation of the institution.
   4. Academic evaluation of student performance shall be neither arbitrary nor capricious.
   5. The college and members of the college community have the right to expect safety, protection of property and the continuity of the educational process.

Student Publications

Editorial freedom of student publications entails a corollary obligation under the canons of responsible journalism. All student publications shall explicitly state that the opinions expressed are not necessarily those of the college or its student body. Any student newspaper must adhere to the regulations as outlined in Sect. 6.552 of the VCCS Policy Manual.

Student Conduct

Generally, college disciplinary action shall be limited to conduct which adversely affects the college community’s pursuit of its educational objectives. Disciplinary action, though not limited to the misconduct below, shall be exercised in all reported incidences of misconduct on the campus.

1. All forms of dishonesty including cheating, plagiarism, knowingly furnishing false information to the college, and forgery, alteration or use of college documents or instruments of identification with intent to defraud.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other college activities.
3. Physical, verbal, and/or psychological abuse or the threat of such abuse, of any person on college premises or at college activities. This includes but is not limited to sexual assault, date rape, and sexual harassment or other forms of unwanted attention.
4. Compromising or threatening the health or safety of self or any member of the campus community.
5. Participating in or inciting a riot or an unauthorized or disorderly assembly. Seizing, holding, commandeering, or damaging any property or facilities of the college, or threatening to do so, or refusing to depart from any property or facilities of the college upon direction by college officials or other persons authorized by the president.
6. Possessing, selling, manufacturing, or otherwise distributing alcohol or illicit drugs while on campus, attending a college-sponsored off-campus event, or while serving as a representative of the college.
7. Gambling on the college property or at any college function.
8. Possessing on college property or at any college activity any firearm, weapon, or dangerous chemical or explosive elements or component parts thereof not used for lawful college studies, without authorization of the president of the college.
9. Physically detaining or restraining any person or removing such person from any place where that person is authorized to remain, or in any way obstructing the free movement of persons or vehicles on college premises or at college activities.
10. Littering, defacing, destroying or damaging property of the college or property under its jurisdiction or removing or using such property without authorization.
11. Willfully encouraging others to commit any of the acts that have been herein prohibited.
12. Violating any local, state, or federal laws.
13. Violating any rule or regulation not contained within the official college publications but announced as administrative edict by a college official or other person authorized by the president.
14. Violation of college parking regulations.
15. Violation of college fire regulations or emergency preparedness procedures, i.e., failure to comply with emergency evacuation procedures, tampering with fire protection apparatus, etc.
16. Theft or attempted theft of college or personal property on college premises.
17. Unauthorized entry into or presence in any college building or facility.
18. Violation of college policy on demonstrations.
19. Violation of college policy on solicitation and sales.
20. Violation of college policy on smoking in any campus building.
21. Violation of college policy on the ethical use of computer resources or non-adherence to rules and guidelines for behavior in all college labs or facilities.
22. Littering, defacing, destroying or damaging property of the college or property under its jurisdiction or removing or using such property without authorization.

Student Disciplinary Policies and Procedures

1. Disciplinary Procedures.

The Vice President of Academic and Student Success is responsible for the administration of disciplinary procedures. Allegations of violation of college policy are accepted for consideration only when the apparent infractions are observed on college property or other locations where the college provides services. Infractions of federal, state or local laws occurring off campus shall be the concern of the civil authorities except when such actions:

• directly affect health, safety or security;
• affect the college’s pursuit of its educational purposes; or
• occur as a direct result of a college connected disruption.

Reports of alleged student violations of published college regulations may be submitted by any individual to the Vice President of Academic and Student Success. It is the responsibility of the Vice President of Academic and Student Success to interpret the alleged misconduct with regard to published regulations and to identify appropriate referral (in cases of students who may be a threat to themselves) or in other cases, specific charges that will be brought against the student(s) involved. Disciplinary proceedings will be instituted only for charges of violating college regulations.

After reviewing the allegations, specifying the charges, and obtaining any necessary information, the Vice President of Academic and Student Success will hold an administrative hearing including in the discussion the nature and source of the charges and the student’s rights and responsibilities. Following this hearing, the Vice President of Academic and Student Success may impose appropriate sanctions 1-5 (see the section on Disciplinary Sanctions). Should either the student or the person initiating charges choose to appeal the decision of the hearing, the choice will be one of the following:

1. An administrative hearing by the Vice President of Academic and Student Success. Following this hearing the Vice President of Academic and Student Success may impose disciplinary sanction. (See the section on Disciplinary Sanctions.) If a sanction is imposed by the Vice President of Academic and Student Success, the student may appeal the sanction to the Student-Faculty Judiciary Committee (see section on Appeals Procedures) within ten (10) working days of written notification from the Vice President of Academic and Student Success.

OR

2. A hearing before the Student-Faculty Judiciary Committee may impose a disciplinary sanction. If the Student-Faculty Judiciary Committee imposes a sanction, the student may appeal the sanction to the president within ten (10) working days of the receipt of formal written notification from the committee. The Student-Faculty Judiciary committee will follow additional procedures with violations of the college’s sexual misconduct policy as outlined in the policy.

However, should both parties choose to appeal and choose different methods, the Vice President of Academic and Student Success will make the decision.

2. The Student-Faculty Judiciary Committee - Consists of the following members:
   1. One (1) dean appointed by the president. The dean will serve as chairman of the committee.
   2. Three (3) faculty members appointed by the president.
   3. Three (3) students appointed by the president of the Student Government Association. (See sect. 3, Article II of Student Government Constitution).

All disciplinary cases heard by the Student-Faculty Judiciary Committee will be decided by a vote in which two-thirds of the membership concurs.

3. Procedural Safeguards for Students. In order to provide an orderly procedure for handling disciplinary cases that give the student due process and justice, the following safeguards will be available:
   1. The student will receive written notification of the time, place, and date of any hearing within at least ten (10) working days. Request for delay must be submitted in writing to the hearing body.
   2. The student will receive a written statement of the charges and will be allowed access, upon request, to any and all materials which will be introduced by the college at all hearings as evidence against the student.
   3. The student may elect not to appear at a hearing, but the hearing will still be held in the student’s absence.
   4. The student may submit a signed statement to the Vice President of Academic and Student Success or the Student- Faculty Judiciary Committee which includes any information or facts the student wishes to be considered in the review of the case whether or not the student chooses to appear for the review.
   5. All accused students have the right to be accompanied by counsel or an advisor who may come from within or without the institution. Such counsel or advisor must restrict participation to advising the accused, and may not participate in the actual proceedings of the hearing such as discussion or cross-examination of witnesses.
   6. Hearings will be closed to the public and press. All proceedings and decisions will be considered confidential unless the student expressly requests that they be open.
   7. All evidence against a student will be presented in the student’s presence, and the student will be permitted to question and confront any witnesses.
   8. The student will be given the opportunity to speak and to present witnesses.
   9. Students may remain silent if they choose to do so.
   10. The burden of proof will rest with those bringing the charges. All decisions will be based only on evidence presented before the hearing body.
   11. The student will receive written notification of any hearing body’s decision within fifteen (15) working days after the conclusion of the hearing and preparation of transcript or record of testimony if necessary.
   12. A stenographic record and audio tape of any appeal hearing will be kept by the college. Copies will be made available to the student at the student’s expense.
   13. The student may appeal any decision to the next higher judicial body and shall be advised in writing of the appeal procedures at the time formal notification of the decision is given.
4. Disciplinary Sanctions. Disciplinary sanctions available to the Vice President of Academic and Student Success and the Student-Faculty Judiciary Committee are as follows:
   1. removal of the charges against the student;
   2. admonition - An oral or written statement to a student that the student is violating or has violated college rules and may be subject to more severe disciplinary action;
   3. disciplinary probation - Removal of the privilege of participating in co-curricular activities of the college, including the holding of any student office, for a period of time not exceeding one school year
   4. restitution - Reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or other compensation;
   5. other appropriate disciplinary sanction specifically related to the charges;
   6. disciplinary suspension - Exclusion from attending the college as a student for a definite period of time not to exceed one year;
   7. dismissal from the college - Termination of student status for an indefinite period. The conditions of the readmission, if any, will be stated in the order of dismissal.

These sanctions are mutually exclusive except that restitution may be required in addition to items 2, 3, 5, and 6.

A student, pending a hearing, may be suspended by the President or the President’s designee and barred from the campus if the student’s presence is deemed a danger to others or is likely to be disruptive to the normal educational activities of the college.

Nothing in these procedures should be construed to prevent the president from taking such official steps as deemed necessary except that final action should be in accordance with the above procedures.

Before a student may be suspended, the student will be informed of the reasons for the suspension and will be provided an informal opportunity to make an oral response, except in exigent circumstances, in which case the student will be given said opportunity as soon as is practicable.

5. Appeal Procedure.
   1. All appeals must be submitted in writing within ten (10) working days of the receipt by the student of the decision of any hearing body and must indicate the basis for the appeal.
   2. The decision of the Vice President of Academic and Student Success may be appealed, in turn, at the following levels:
      1. Student-Faculty Judiciary Committee;
      2. President.
   3. The possible bases for appeal include, but are not limited to whether:
      1. The original hearing was conducted fairly and in conformity with established procedures.
      2. The original findings were fairly supported by the evidence.
      3. There is new evidence or relevant facts that were not brought out in the original hearing, and which were not known or available to the appellate prior to the conclusion of the hearing.
      4. The college regulations were improperly applied in that particular case.
   4. Pending the outcome of the appeal hearing, the disciplinary sanctions stipulated in the original hearing shall not be imposed.
   5. The Student-Faculty Judiciary Committee or president may only affirm or lessen (including reversal) the decision or return the decision to the original hearing body. The Student-Faculty Judiciary Committee or president may not impose a more severe sanction. The appellate decision will be made within fifteen (15) working days of the receipt of the written appeal by the appellate body.
6. Disciplinary Records. All records of disciplinary action will remain confidential, will remain separate from the student’s academic record, will be maintained in the office of the vice president of academic and student development services and will not be available to unauthorized persons on campus or to any person off campus, without the express written permission of the student involved. Exceptions will be made only under the conditions specified in the Family Education Rights and Privacy Act of 1974, as amended, and under a court order or subpoena.

Student Grievance Procedure

The purpose of the student grievance procedure is to provide an equitable and orderly process by which students at Patrick Henry Community College may resolve grievances. A grievance is a difference or dispute between a student and an administrator, faculty member, or member of the classified staff with respect to the application of the provisions of the rules, policies, procedures, and regulations of the college or the Virginia Community College System as they affect the activities or status of each student. Honor system violations that are under the jurisdiction of the Student Honor Committee and conduct violations that are under the jurisdiction of the Student-Faculty Judiciary Committee are excluded. The student at all times has the right to counsel, to present evidence, and to review any materials presented against the student in the course of the grievance procedure.

Step I. The student with a grievance shall first discuss the grievance with the administrator, faculty member or member of the classified staff involved. It is stressed that every reasonable effort should be made by both parties to resolve the matter at this level. Recognizing that grievances should be raised and settled promptly, a grievance must be raised within twenty (20) working days from the time the student reasonably should have gained knowledge of the occurrence.

Working days are defined as those days the administrator, faculty member, or member of the classified staff involved is employed and on duty at the college. The student should consult with a counselor or faculty advisor for direction in following the proper procedure. The role of the counselor or faculty advisor shall be limited to explaining all steps of the grievance procedure to the student emphasizing the importance of the time element.

Step II. If the student is not satisfied with the disposition of the grievance at Step I, a written statement of the grievance shall be sent to the administrator, faculty member, or member of the classified staff within five (5) working days of the discussion at Step I. This statement shall include the current date, the date the grievance occurred, an explanation of the grievance and a statement presenting the student’s recommended action to resolve the grievance. The administrator, faculty member, or member of the classified staff must respond in writing within five (5) working days.

Step III. If the student is not satisfied with the written response obtained in Step II, or the administrator, faculty member, or member of the classified staff fails to answer the grievance, the student shall contact the immediate supervisor within five (5) working days. A copy of the original written grievance and the reply (if available) should be given to the supervisor. Within five (5) working days of receipt of the student’s notification, the supervisor shall schedule a conference with all involved persons in an attempt to resolve the grievance. Notification of the supervisor’s decision will be given in writing within five (5) working days after the conference.

Step IV. If the student is not satisfied with the disposition at Step III, a written appeal may be made to the appropriate vice president within five (5) working days of hearing of the disposition at Step III. The student has the option of presenting a conference with the appropriate vice president (or president, if appropriate), or the student may present the case before a selected panel. Should the student elect the conference with the vice president, that decision would be binding. If the student selects a panel, that disposition will also be binding. If selected, the panel will include the vice president, three students and three persons from the appropriate administrative, faculty or classified ranks. Selection of panel members will be made by the Student Affairs Advisory Committee, with the approval of the president. Final notification of the action taken in Step IV will be presented in writing within five (5) working days of the termination of the conference or panel.

Placement of Records. If procedures go beyond Step II, a copy of the grievance and disposition shall be placed in the official personnel file of any involved administrator, faculty member, or member of the classified staff and in the permanent student folder of the complainant.

Extension of Time. It is important to good relationships that grievances be initiated and processed as rapidly as possible. Every effort should be made by all parties to expedite the process. However, the time limitations specified for either party may be extended by mutual written agreement.

Student Grade Appeal Procedure

If a student wishes to appeal, or challenge, a course grade, the following in-house administrative procedure will be used. If for any reason the procedures are not followed, the Vice President of Academic and Student Success will decide whether or not the appeal can be continued. To continue the appeal, the student must complete steps one (1) through (3) within the first twenty (20) working days of the beginning of classes in the semester immediately following receipt of the grade in question. Working days are defined as those days the administrator or faculty members involved are employed and on duty at the college.

1. The student must discuss the grade with the instructor who assigned it.
2. If the matter has not been satisfactorily resolved and the student wishes to continue the appeal, the student must file a written appeal to the instructor’s division dean and discuss the grade with the instructor’s division dean. (If the instructor who assigned the grade is also the division dean, then the Vice President of Academic
3. and Student Success will perform the role of division dean in hearing the student’s appeal to this point.) The division dean will attempt to mediate the disputed grade with the faculty member and the student and make a recommendation for solution. If both parties agree to the division dean’s recommendation, the appeal is concluded.
4. If either party disagrees with the recommendation, the student may continue the appeal to the next step by filing a written appeal with the Vice President of Academic and Student Success. The student must send a copy of the appeal to the faculty member and the division dean.
5. Within five (5) working days of receipt of an appeal, the Vice President of Academic and Student Success shall select by random drawing a committee of one student and two full-time faculty members to consider the appeal. Neither the instructor who assigned the grade, the instructor’s division dean, nor the Vice President of Academic and Student Success may serve on this committee. The student on the committee should be picked at random from a pool of ten students. Each spring the two divisions will elect five full-time students to go in a pool.
6. The committee shall meet promptly and establish appropriate procedures of operation to conduct a hearing and consider the appeal. The committee will consider any written information from previous steps and give both the student and the faculty member an opportunity to present any additional information. Notifications of the date, time, and location of the hearing will be communicated to the student and the faculty member by the Vice President of Academic and Student Success. Within fifteen (15) working days after it is established the committee shall reach its decision and communicate its recommendation in writing to the Vice President of Academic and Student Success, division dean, faculty member, and the student.
7. In meeting its charge, the committee shall be limited to a study of the student’s grades earned in the one class of the grievance. The committee cannot make a decision that infringes upon a faculty member’s rights and academic freedom as outlined in the PHCC Faculty Handbook.

If the matter is not yet resolved to the student’s satisfaction, the student may make a written appeal to the college President within five (5) working days after notice of the committee’s recommendation. The decision of the college President is final and the case is considered closed.