Student Conduct

School Rules, Disciplinary Procedures and Expectations

In order that a community of people may live and work together in harmony, there must be a commitment to its policies and procedures including behavioral expectations. A community has the right to expect of its members certain standards of achievement and of social behavior, and to this end, Bergen Community College has established a framework of rules and academic expectations. Above all else, personal honesty and academic integrity are the fundamental ingredients for success at Bergen Community College.

Community Statement of Rights

As a member of Bergen Community College, I have the right:

• to exist, in this community free from sexual, racial, ethnic, or religious discrimination or harassment or bullying of any kind;
• to believe, act or appear in ways I choose as long as I am in accord with Bergen Community College’s rules, regulations, and expectations, and so long as I do not infringe on the rights of others;
• to be trusted and treated with respect and with dignity. I understand that any act of theft, lying, cheating, or violence against another will compromise trust and respect and brings serious disciplinary consequences.

Social Expectation/Disciplinary Procedures

It is the school’s expectation that all members of the Bergen Community College community will, at all times conduct themselves in a manner which evidences respect for self, for others faculty, students, staff, guests and visitors and for the school; the quality of interpersonal relationships among people committed to a common goal is the cornerstone upon which all else is built. Continuance at Bergen Community College for the following school year will be predicated upon students having met this expectation. The granting of a Bergen Community college diploma will presume the same. In cases where Vice President of Student Affairs determines that these expectations have not been met, Bergen Community College may opt not to allow a student who has been asked to leave to return and this can preclude the granting of a Bergen Community College diploma.

Student Conduct Policy and Procedures

Purpose: To establish guidelines and procedures to ensure just and fair disciplinary action, determined by the nature of the offense and to ensure the right of appeal in situations involving minor offenses.

Student Conduct

School Rules, Conduct Procedures and Expectations

In order that a community of people may live and work together in harmony, there must be a commitment to its policies and procedures including behavioral expectations. A community has the right to expect of its members certain standards of achievement and social behavior, and to this end, Bergen Community College has established a framework of rules and academic expectations. Above all else, personal honesty and academic integrity are the fundamental ingredients for success at Bergen Community College.

Social Expectations/Conduct Procedures

It is the school’s expectation that all members of the Bergen Community college community will, at all times conduct themselves in a manner which evidences respect for self, for others faculty, students, staff, guests and visitors and for the school.

Student Conduct Policy and Procedures

The Office of Student Conduct in collaboration with various departments within Student Affairs strives to develop student responsibility, teach respect for oneself and others, and promotes the growth of the entire student body by implementing the Student Code of Conduct in an unbiased, timely, consistent manner through the use of the goals and outcomes outlined below.

Standards of Conduct

Upon accepting admittance to Bergen Community College, all students acknowledge that while participating in activities on and off-campus, they are governed by College policies and regulations. Each student is expected to exercise discretion and follow the Student Code of Conduct. It is a student’s responsibility to be aware of al prohibited conduct on and off campus by familiarizing themselves with the Student Code of Conduct. The Student Code of Conduct can be found online under the Office of Student Conduct Process and Policies webpage or by clicking this link: Student Code of Conduct.

Policies and Regulations Governing Conduct

At the beginning of the academic semester, each incoming student is expected to view the Student Handbook online. The
handbook contains information about the College in general; courses of study; student activities; and rules, regulations and
procedures essential to student life on campus. Every student is responsible for knowing the information included in the
Student Handbook.

Student Code of Conduct

The Board of Trustees authorizes the President of the College to employ a disciplinary process to administer any campus disruption and to restore College function and prevent injury to persons or property. The College reserves the right to suspend, dismiss, or expel any student for justifiable cause. All students are governed by College policies and regulations. Each student is expected to exercise discretion, and act within the limits of decorum and propriety at all times and in all places.

Students are responsible to familiarize themselves with the Student Code of Conduct. The Student Code of Conduct can be found online in English and Spanish on the Office of Student Conduct Process and Policies. You can also click this link: Student Code of Conduct.

Dismissal of Disruptive Students -Involuntary Leave of Absence Policy

Bergen Community College (the “College”) has implemented provisions for normal disciplinary proceedings published under the Student Code of Conduct that can lead to the expulsion, suspension, or interim suspension of students. The policy stated below expands the scope of the Student Code of Conduct to include the involuntary withdrawal of students whose behavior requires emergency attention by the College administration. Emergencies referred to in this policy are incidences of extreme disruptive behavior by students that occur at on- or off-campus, including College-sponsored, events. The College reserves the right to implement normal disciplinary procedures in addition to the procedures set forth below if the circumstances warrant such action. These incidents can be medical and/or psychological in nature and/or conduct that poses security risks to the College community. A student may be placed on an Involuntary Leave of Absence from the College by the Vice President of Student Affairs and the Dean of Student Life & Judicial Affairs (or designee) if one or more of the following conditions are met:

1. The student engages, or threatens to engage in, behavior which poses a danger of causing physical harm to the College Community or College property; and/or
2. Exhibits behavior that interferes with the student’s ability to function in an academic or residential setting and/or seriously interferes with the educational pursuits or living environment of others; and/or
3. Commits a violation of the College’s Student Code of Conduct and lacks the capacity to comprehend and participate in the College’s disciplinary process but continues to pose an imminent threat to the College community; and/or
4. Commits a violation of the College’s Student Code of Conduct and did not understand the wrongfulness of the conduct at the time of the offense. Ignorance of the wrongfulness of the action is not an excuse.

Preliminary Procedure

Upon the occurrence of an incident that meets any one or more of the above conditions, a student will receive notice that he/she has been be placed on an interim suspension by the Vice President of Student Affairs and the Dean of Student Life & Conduct (or designee) pending further investigation of the matter. The student will receive written notice of his/her suspension as soon as practicable. The student has a right to a conference with the Vice President of Student Affairs and the Dean of Student Life & Conduct (or designee) within five business days.

While a student is in an interim suspension status, the student is banned from entering the campus for any reason whatsoever without the permission of the Vice President of Student Affairs and Dean of Student Life & Conduct (or designee). If the student is found on College property without such permission, the student will be arrested for trespassing and may be prosecuted by local officials if Bergen Community College believes it to be in the best interest of the College community. Should permission be granted by the Vice President of Student Affairs and Dean of Student Life & Conduct (or designee), the student shall report to Public Safety upon entering and leaving the campus.

If the information that led to the interim suspension is deemed insufficient to support this procedure, and does not suggest that the student may create an immediate danger to the College community or to College property, the student will be permitted to return to normal College activities.

Evaluation by the Center for Health, Wellness and Personal Counseling

If the Vice President of Student Affairs and the Dean of Student Life & Conduct (or designee) reasonably believes that the student meets one or more of the conditions set forth above, the student will be referred to the Center for Health, Wellness and Personal Counseling for an evaluation by an appropriate mental health provider. It is the student’s responsibility to contact the Center for Health, Wellness and Personal Counseling and schedule the appointment for the evaluation. The evaluation may take place over several sessions and could include a mental health assessment. If such a determination must be at a time when one of the above named individuals is unavailable, the other may make such determination alone.

In conducting the assessment, the evaluator will take the following into consideration:

1. the nature, duration, and severity of the risk of harm;
2. the probability that the risky behavior will actually occur; and
3. whether reasonable accommodations requested by the student can be provided by the College to reduce the risk of harm.

Once the evaluation is complete, the Dean of Student Support Services (or designee) will submit a written recommendation to the Vice President of Student Affairs and the Dean of Student Life & Conduct (or designee).

Please be advised that any refusal to submit to, or participate in, the above evaluation procedure will be considered by the Center for Health, Wellness and Personal Counseling in completing its evaluation and preparing its written recommendation to the Vice President of Student Affairs and the Dean of Student Life & Judicial Affairs (or designee).

Referrals for Further Evaluation

There may be instances in which the College or the Center for Health, Wellness and Personal Counseling mental health professional feel that an evaluation by an outside professional is warranted. In such instances, the student will be informed of this additional requirement in writing and will be referred to an appropriate health care professional. One example of a situation in which this may occur is a situation in which the student has threatened to harm others in the College community.

The College or the Center for Health, Wellness and Personal Counseling mental health professional may deem it necessary to require the student to have an evaluation by a forensic psychologist or psychiatrist, of the College’s choosing, who is specially trained to conduct evaluations and make recommendations in situations of this nature. In these situations, the College will cover the cost of the evaluation. Both the student and the evaluating professional will be given a copy of this policy. The evaluating professional will also be given instructions for submitting a written report including required content areas that must be addressed. A student will not be reimbursed for the cost of an evaluation that is completed by a forensic psychologist or psychiatrist that was not chosen by the College.

The Dean of Student Support Services (or designee) will review the report submitted by the evaluating professional and may consult with that person, if needed, and then make a final written recommendation to the Vice President of Student Affairs and the Dean of Student Life & Conduct (or designee).

Please be advised that any refusal to submit to, or participate in, the above evaluation procedure will be considered by the Dean of Student Support Services in making his or her final written recommendation to the Vice President of Student Affairs and the Dean of Student Life & Conduct (or designee).

The interim suspension will continue to be in effect during the entirety of this process. Upon receipt of the final written recommendation the Vice President of Student Affairs and the Dean of Student Life & Conduct (or designee) will meet with the student to review the written recommendations available to them.

Student’s Placement on an Involuntary Leave of Absence

Within five business days of the follow up meeting between the Vice President of Student Affairs or the Dean of Student Life and Conduct and the student to review the final written recommendations, the Vice President of Student Affairs and/or the Dean of Student Life & Conduct (or designee) will render a decision, including one of four possible determinations:

1. The student may return to all normal campus activities without restrictions;
2. The matter of the student’s conduct will be referred back to the normal disciplinary processes of the College from which the diversion occurred because the behavior observed is not deemed to have fallen within the parameters of this policy;
3. The student may return to the College but with restrictions (e.g. applied mandated withdrawal from one or more classes, psychotherapy must continue on a regular basis, etc.);

The student is placed on an indefinite Involuntary Leave of Absence and may only return to the College when the procedures and conditions for reenrollment have been met. Depending on the course requirements of each course that the student is enrolled in, the student’s academic status may be affected as a result of being placed on an Involuntary Leave of Absence. The student may or may not be permitted to complete all courses upon his/her return from an Involuntary Leave of absence even if the student returns within the same semester of original enrollment in a particular course. It is the student’s sole responsibility to address his or her academic status as result of being on an Involuntary Leave of Absence.

The student has three (3) business days from the date he/she was informed of the decision to file a written appeal to the Vice President of Student Affairs.

Students who are placed on an Involuntary Leave of Absence will not be eligible for tuition reimbursements except as permitted by normal College procedures. It is the student’s sole responsibility to ensure that his/her account with the College or third party lender is in good standing. If a student is required to withdraw from some or all classes, a grade of W, administratively assigned, will be reflected on the transcript in those courses from which he/she is required to withdraw.

A student that is on an Involuntary Leave of Absence will be arrested for trespassing and may be prosecuted by local officials if the College believes it to be in the best interest of the College community to do so. A student that has been granted permission to be present on any of the College campuses from the Vice President of Student Affairs or the Dean of Student Life & Conduct (or designee) shall report to Public Safety upon entering and leaving the campus.

Return from Involuntary Leave of Absence

It is expected that time away from the College will be used for treatment and recovery and that this will be documented prior to return.
The College reserves the right to demand documentation from a medical provider that the student is fit to return to an educational environment as a condition of reenrollment.
Procedures and conditions for reinstatement from an Involuntary Leave of Absence will be provided to students in writing at the time the student is placed in Involuntary Leave of Absence status.
A registration hold will be placed on the student’s record to ensure that the student satisfies the criteria to reenroll in accordance with this policy.
When a student is approved to reenroll, the Vice President of Student Affairs and Director of Student Life & Conduct (or designee) will work with the Registrar to remove the registration hold.
A student who fails to request reenrollment once all criteria for reenrollment have been met may be denied reenrollment at a later time and be required to reapply for admission.

Other academic concerns that may arise because of the application of this policy will be addressed on an individual basis.

Current College withdrawal policies will be followed should the student decide to pursue Official or Late Withdrawal upon being placed on Involuntary Leave of Absence.

Administration of Disciplinary Procedures

The Dean of Student Life & Conduct is the Chief Conduct Officer. The Dean and/or his or her designee will carry out the procedures and policies set in the Student Code of Conduct. The Dean’s responsibility will be to maintain the integrity of the Conduct process, which will include the maintenance of accurate files, drafting letters, and training committee members. In the absence of the Dean the Coordinator of Student Conduct & Student Information will serve as the Chief Conduct Officer.

Special Accommodations

A student may request a translator, sign language interpreter or note taker, if necessary, for any meeting, interview, and hearing related to enforcement of the policies and procedures set forth herein. A written request for special accommodation must be submitted to the Dean of Student Life & Conduct no later than five (5) regularly scheduled class days prior to an interview or hearing.

Prior Conduct History

If the Community Standards Review Board determines the student has violated the policies and procedures of the College the Dean of Student Life & Conduct will provide the Committee with information concerning prior conduct sanction(s). This information will be used to assist the board in recommending a fair and reasonable sanction.

Complaints Warranting Immediate Action

If it is determined by the Public Safety department that a complaint of misconduct warrants immediate administrative response, the matter shall be referred to the Dean of Student Life & Conduct, or in his/or her absence, the Coordinator of Student Conduct & Student Information. If the infraction warrants immediate attention, the Dean of Student Life & Conduct, and/or his/her designee, may impose a conduct sanction. In all other instances, the matter will follow the conduct process outlined herein.

Disciplinary Process/Complaint

Any member of the College community may file a complaint against a student. Reports of misconduct which violate Bergen Community College’s Student Code of Conduct can be reported to the Department of Public Safety, Room L-154, 201-447-9200; the Office of Student Life & Student Conduct Process and Policies, Room SC-110, 201-447-7215; the Office of the Vice President of Student Affairs, Room A-310, 201-493-3742; or via Maxient, the College’s web based conduct software management system available on the Office of Student Conduct webpage. Complaints of sexual harassments of students by faculty and/or staff as well as by other students should be reported to Dr. Gonzalez-De Jesus, Title IX Coordinator, Room A310, 201-493-3742 or to Dean Rachel Lerner Colucci, Deputy Title IX Coordinator, Room L-123, 201-447-7883. In those incidents involving violation of the Student Code of Conduct, the Public Safety Department will interview the affected parties, prepare the reports with supporting documentation, and forward them to the Office of Student Conduct Process and Policies. If a community member would like to discuss their complaint before filing a report, the Dean of Student Life & Conduct and/or the Coordinator of Student Conduct & Student Information will be available for consultation. When the College itself is a victim of the act, the College reserves the right to institute criminal and/or civil proceedings against a student.

Interim Suspensions

In certain circumstances, the Dean of Student Life & Conduct and/or his/her designee may impose a College suspension prior to the Community Standards Review Board hearing.

1. Interim suspension may be imposed only:
   • To ensure the safety and well-being of members of the College community or preservation of property.
   • To ensure the student’s own physical or emotional safety and well-being.
   • If the student poses an ongoing threat of disruption to, or interference with, the normal operations of the College.
2. During the interim suspension, a student shall be denied access to all three campus locations (including but not limited to classes) and/or all college activities or privileges for which the student might otherwise be eligible, as the Dean of Student Life & Conduct and/or his/her designee may determine to be appropriate.
3. The interim suspension does not replace the regular process, which shall proceed on the normal schedule up to and through a community standards review board hearing, if required.

Community Standards Board Membership

The Community Standards Review Board if made up of faculty and/or staff members from the College community who volunteer their time to serve on the board. All members apply to the community standards review board, go through a training with the Dean of Student Life & Conduct and/or his/her designee.

Notice of Community Standards Review Board Hearing

A written notice of the community standards review board hearing shall be sent to all parties involved no later than ten (10) regularly scheduled class days after a determination that a hearing shall be held. The notice will be sent to students in their Bergen email i.e. @me.bergen.edu. The notice shall contain:

1. The time, date and location of the hearing;
2. A list of the charges being brought against the student, including the policy violation he/she is charged with;
3. Contact information for the Office of Student Life & Student Conduct Process & Policies

Waiver of Community Standards Review Board Hearing

A student may waive his/her right to a community standards review board hearing in writing submitted to the Dean of Student Life & Conduct and/or his/her designee, no later than five (5) regularly scheduled class days before a hearing. If warranted, the student will be informed within ten (10) regularly scheduled class days of the sanction imposed for the violation. In such cases, the sanctions will be determined and imposed by the Dean of Student Life & Conduct and/or his/her designee.

Responsible Plea

If the student pleads responsible, the student filing the complaint and any witnesses may be dismissed. The charged student will be asked to present any information and extenuating circumstances, which might be pertinent to the complaint. The student will be informed that the community standards review board, after the hearing, will inform the Dean of Student Life & Conduct of the imposed sanction(s). The Dean of Student Life & Conduct and/or his/her designee will generate and forward a final outcome letter to the charged student.

Not Responsible Plea

If the student pleads not responsible, the following procedure will be employed:

1. The complaint will either be present during the hearing to answer all questions by the Board or the community standards review board advisor will have a statement read into the record.
2. The Chair of the community standards hearing board will ask the respondent to give his/her opening statement. The board will have the opportunity to ask questions.
3. The Chair will call all witnesses to the alleged incident individually into the hearing. The witnesses will be asked to give a brief statement about what they witnessed with regards to the alleged incident and the hearing board will have the opportunity to ask questions. Witnesses may also provide a written statement that will be read into the record if they cannot be present at the hearing.
4. Once all parties have made their statements, the Chair will dismiss the participants so that the hearing board may deliberate in private.
5. If the hearing board determines that the student is responsible, the hearing board will inform the Dean of Student Life & Conduct and/or his/her designee of the imposed sanction(s).
6. The Dean of Student Life & Conduct and/or his/her designee will inform the respondent of the hearing board’s decision via Bergen email i.e. @me.bergen.edu.
7. If the hearing board determines that the student is not responsible, the complaint will be dismissed and a letter of notification of the board’s determination will be sent to the respondent via Bergen email i.e. @me.bergen.edu.

Appeal Process

Where the respondent is found responsible for a violation of this Code that may lead to a sanction less serious than suspension or expulsion, the student can appeal in writing to the Vice President of Student Affairs and/or his designee within three (3) business days of receipt of the hearing panel’s determination. The student will have the right to request a final review based on any of the following grounds:

1. A sanction that is substantially disproportionate to the severity of the violation.
2. A material deviation from written procedures that jeopardized the fairness of the process.
3. A demonstrable bias by a member(s) of the hearing panel.
4. New information, unavailable at the time of the hearing that could be outcome determinative.
5. In the case of suspension or expulsion, the student can appeal in writing to the Vice President of Student Affairs and/or his designee within three (3) business days of the receipt of the hearing panel’s determination.
6. In the case of suspension or expulsion, the student will not be permitted to be on campus or attend classes pending the outcome of the appeal unless implementation of the sanction is delayed by the Vice President of Student Affairs and/or his designee due to extraordinary circumstances.

The request for review of an appeal will be considered by the Vice President of Student Affairs and/or his designee to determine whether grounds for an appeal exist. The student will have the right to request an appeal based on any of the following grounds:

1. A sanction that is (substantially) disproportionate to the severity of the violation.
2. A material deviation from written procedures that jeopardized the fairness of the process.
3. A demonstrable bias by a member(s) of the board.
4. New information, unavailable at the time of the hearing that could be outcome determinative.

The Vice President of Student Affairs and/or designee will review the written request for an appeal within five (5) business days of receipt to determine whether there is sufficient basis to grant an appeal. If so, he/she will proceed to hear the appeal, or return the complaint to the original hearing body for reconsideration or rehearing in light of the basis for the appeal.

1. If the Vice President of Student Affairs and/or his designee determines that there is not a sufficient basis to change the decision of the hearing officer, the student will be notified in writing within five (5) business days.
2. Appeals are deferential to the original hearing determination, and are not intended as a rehearing. If the Vice President of Student Affairs and/or his designee hears the appeal, he/she may determine that there is a sufficient basis to change the determination of the hearing panel if there is clear error or compelling justification, only. If so, he/she may reverse, sustain or modify the decision, or change the sanction. Normally, appeals involve a review of the hearing record and appeal request. At the discretion of the Vice President of Student Affairs and/or his designee, the parties, witnesses or written documentation may be interviewed/reviewed as necessary to assure fairness.
3. The decision of the Vice President of Student Affairs and/or his/her designee will be final.

Referrals

Once a report has been received, the Dean of Student Life & Conduct and/or his/her designee will initiate one of the following actions:

1. If the allegation(s) does not warrant any action from the Office of Student Conduct Process & Policies, the parties involved will be notified in writing that the matter is closed and that no further action will be taken; or
2. Notify all necessary parties involved that a formal community standards review board hearing will be held.

Notification of Complaint Dismissal

If it is determined by the Dean of Student Life & Conduct and/or his/her designee that the allegation(s) do not warrant conduct review, the person filing the complaint will be notified in writing that the complaint has been dismissed and the reason for the dismissal shall be indicated within the notification.

Academic Dishonesty

Bergen Community College is committed to academic integrity- the honest, fair and continuing pursuit of knowledge, free from fraud or deception. Students are responsible for their own work. Faculty and academic support services staff will take appropriate measures to discourage academic dishonesty. The College recognizes the following general categories of violations of academic integrity.

Academic integrity is violated whenever a student does one or more of the following:

1. Uses unauthorized assistance in any academic work
   1. Copies from another student’s exam
   2. Uses notes, books, electronic devices or other aids of any kind during an exam when doing so is prohibited
   3. Steals an exam or possesses a stolen copy of any exam
2. Gives unauthorized assistance to another student
   1. Completes a graded academic activity or takes an exam for someone else
   2. Gives answers to or shares answers with another student before or during an exam or other graded academic activity
   3. Shares answers during an exam by using a system of signals
3. Fabricates data in support of academic assignment
   1. Cites sources that do not exist
   2. Cites sources that were not used
   3. Submits any academic assignment which contains falsified or fabricated data or results
4. Inappropriately or unethically uses technological means to gain academic advantage
   1. Inappropriately or unethically uses technological means to gain academic advantage
   2. Uses any devices (electronic or hidden) for communicated or unauthorized retrieval of information during an exam
5. Commits plagiarism
   1. Plagiarism is a form of academic dishonesty and may be a violation of U.S. Copyright laws. Plagiarism is defined as the act of taking someone else’s words, opinions, or ideas and claiming them as one’s own. Examples of plagiarism include instances in which a student:
      1. Knowingly represents the work of others as his/her own
      2. Represents previously completed academic work as current
      3. Submits a paper or other academic work for credit which includes works, ideas, data or creative work of others without acknowledging the source
      4. Uses another author’s exact words without enclosing them in quotation marks and citing them appropriately
      5. Paraphrases or summarizes another author’s words without citing the course appropriately

Note: An instructor may establish other guidelines regarding academic integrity consistent with College policy.

Consequences of Violations of Academic Integrity

1. Instructor’s Sanctions for a Violation
   The faculty member will determine the course of action to be followed.This may include:
   • Assigning a failing grade on the assignment
   • Assigning a lower final course grade
   • Failing the student in the course
   • Other penalties appropriate to the violation

In all cases, the instructor shall notify the Department Chair and Dean of the department of the violation and the penalty imposed. The student has the right to appeal the decision of the instructor to the appropriate department head.

2. Institutional Sanctions for Violations

When a violation of academic integrity has been reporting regarding a student, the Dean of Student Life & Conduct and/or his/her designee reserves the right to impose disciplinary sanctions beyond those imposed by the course instructor, which may include suspension, dismissal or expulsion from the College. The student shall have the right to a hearing before the Dean of Student Life & Conduct and/or his/her designee or the community standards review board. Full hearing board procedures can be found within the Student Code of Conduct.