Policy Statement:

1. General Principles
1. Purpose:

Valencia Community College is dedicated to the advancement of knowledge and learning and also to the development of responsible personal and social conduct. The primary purpose for the maintenance of discipline in the College setting is to support a civil environment conducive to learning and inquiry.

2. Inherent Authority:

The College reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community. This Code is adopted for the appropriate discipline of any student (or student organization) who acts to impair, interfere with, or obstruct the orderly conduct, processes, and functions of the college. This Code may apply to acts conducted on or off campus when relevant to such orderly conduct, processes, and functions. It is the intention of the Board that authority for student discipline ultimately rests with the College President. The President delegates this authority to the Vice President for Student Affairs, and the Vice President delegates this authority to each campus Dean of Students. 

The campus Dean of Students is responsible for implementing the student disciplinary system. The President, the Vice President for Student Affairs, or the campus Dean of Students or designee may take direct jurisdiction of any case due when it is determined by the circumstances that taking direct jurisdiction is the best way to resolution. As appropriate, the campus Dean of Students or designee will work collaboratively with the campus Provost Office and campus Security in addressing student conduct issues. 

3. Interpretation of Regulations and Standard of Conduct: 

To the extent feasible and practical, disciplinary regulations at the College are in writing in order to give students general notice of prohibited conduct. The regulations are not a criminal code; they should be read broadly and are not designed to define misconduct in exhaustive terms. 

4. Proceedings:

Disciplinary proceedings conducted pursuant to the Code shall be informal, fair and expeditious. Procedures governing criminal or civil courts, including formal rules of evidence, are not applicable. Deviations from the procedures in this Code shall not invalidate a proceeding or decision, except where such deviation has clearly resulted in significant prejudice to an accused student or to the College. 

College jurisdiction regarding discipline is generally limited to conduct of any student or registered student organization that occurs on College premises.  However, the College reserves the right to impose discipline based on any student conduct, regardless of location, that may adversely affect the College community. 

5. Violations of Local, State and Federal Law: 

Any student who accepts the privilege extended by the laws of Florida of attendance at Valencia Community College is deemed to have given his or her consent to the policies of the College, the State Board of Education, and the laws of Florida. 

By enrolling at Valencia Community College, a student assumes the responsibility for becoming familiar with and abiding by the general rules of conduct listed in this Code. Violation of any of these may lead to disciplinary sanctions.

A student may be accountable to both governmental authorities and to the College for acts which constitute violations of law and this Code. Student conduct allegedly constituting a felony or misdemeanor offense may be referred to appropriate law enforcement agencies for prosecution. Disciplinary proceedings at the College will not be subject to challenge on the ground that criminal charges involving the same incident have been filed, prosecuted, dismissed, reduced or otherwise resolved or that such proceedings constitute double jeopardy. 

2. Definitions 
1. Student. 

Student as used in this code means: 

1. All persons taking Valencia courses, both full-time and part-time; and/or

 

2. All persons who are not officially enrolled for a particular term but have a continuing relationship with Valencia or intend to enroll in the next term. This provision is intended to include within the definition of students, those persons enrolled in the spring and fall semesters who engage in misconduct during the summer and students who are first time enrollees who engage in misconduct prior to the time of enrollment; and/or
3. All persons who are attending classes on a Valencia campus although they may be enrolled students in other higher education institutions; and/or
4. Student groups and organizations may be held collectively responsible when violations of this Code by those associated with the group or organization have received consent or encouragement of the group or organization or of the group's or organization's leaders or officers

2. Campus  

Campus means:

1. All land, buildings, facilities, and other property-including adjacent streets and sidewalks-in the possession of or owned, used, or controlled by Valencia

3. Grounds for Discipline
1. The College may impose discipline for violation of, or an attempt to violate, any College policies or campus regulations. Violations or attempted violations include, but are not limited to, the following types of misconduct: 
1. All forms of academic misconduct, including but not limited to, cheating, fabrication, plagiarism, or facilitating academic dishonesty.
2. Other forms of dishonesty, including but not limited to, fabricating information or knowingly furnishing false information or reporting a false emergency to the College or to College officials acting in the performance of their duties.
3. Forgery, alteration, or misuse of any College document, record, key, electronic device, or identification. 
4. Theft of, conversion of, or damage to or destruction of, any property of the College or property of others while on College premises, or possession of any property of the College or others stolen while on College premises.
5. Theft or other abuse of computing facilities or computer time, including but not limited to: unauthorized entry into a file to use, read, or change the contents or any other purpose; unauthorized transfer of a file; unauthorized use of another individual's identification or password; use of computing facilities to interfere with the work of another student, faculty member, or College official; use of computing facilities to interfere with a College computing system, or other violations of policy 6Hx28:04-38, Information Technology Resources Policies and related procedures. 
6. Use of Valencia technology, including, but not limited to, computers, network, and wireless internet, to access materials disruptive to the learning environment, including and without limitation sexually explicit or violent content.
7. Unauthorized entry to, possession of, receipt of, duplication of, or use of the College's name, insignia, or seal.
8. Unauthorized entry to, possession of, receipt of, or use of any College properties, equipment, resources, or services. 
9. Violation of policies, regulations, or rules governing College owned or operated facilities or leased facilities.
10. Physical abuse, including but not limited to, rape, sexual assault, sex offenses, and other physical assault; threats of violence; or conduct that threatens the health or safety of any person. 
11. Sexual harassment, as defined in College policy (see Policies 6Hx28:02-01, 02-02, and 02-03): Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 
1. Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other College activity; 
2. Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual; or 
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive College environment. In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record of the incident as a whole and to the totality of the circumstances, including the context in which the alleged incidents occurred. 

12. Stalking behavior in which an individual willfully, maliciously, and repeatedly engages in a knowing course of conduct directed at a specific person which reasonably and seriously alarms, torments, or terrorizes the person, and which serves no legitimate purpose. 
13. The use or display of "fighting words" by students to harass any person(s) on College property, on other property to which these policies apply as defined in campus implementing regulations, or in connection with official College functions or College sponsored programs. "Fighting words" are those personally abusive epithets which, when directly addressed to any ordinary person are, in the context used and as a matter of common knowledge, inherently likely to provoke a violent reaction whether or not they actually do so. Such words include, but are not limited to, those terms widely recognized to be derogatory references to race, ethnicity, religion, sex, sexual orientation, disability, and other personal characteristics. "Fighting words" create a hostile and intimidating environment which the student uttering them should reasonably know will interfere with the victim's ability to pursue effectively his or her education or otherwise to participate fully in College programs and activities.
14. Wearing styles or articles of clothes that cause disruption of the learning environment, or intimidation of others in the learning environment, or violate published classroom protocols of individual professors, subject to the requirements of law.
15. Hazing or any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution, as prohibited by 1006.63, F.S., and Valencia Policy 6Hx28:10-17. 
16. Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other College activities, including but not limited to: 
1. Violence committed against any member or guest of the college community.
2. Forcible interference with the freedom of movement of any member or guest of the College.
3. Obstruction of the normal processes, activities, and functions of the college community.
4. Assault or battery upon community college security officers.
5. Disruptive activities as defined and prohibited in accordance with the criminal provisions of Section 877.13, Florida Statutes.

17. Disorderly or lewd conduct.
18. Participation in a disturbance of the peace or unlawful assembly. 
19. Failure to identify oneself to, or comply with directions of, a College official or other public official acting in the performance of their duties while on College property or at official College functions, or resisting or obstructing such College or other public officials in the performance of or the attempt to perform their duties. 
20. Unlawful manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of controlled substances, identified in Federal and State law or regulations. 
21. Manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of alcohol which is unlawful or otherwise prohibited by, or not in compliance with, College policy or campus regulations. 
22. Possession, use, storage, or manufacture of explosives, firebombs, or other destructive devices. 
23. Except as expressly permitted by law, possession, use, or manufacture of a firearm or other weapon. 
24. Violation of the conditions contained in the terms of a disciplinary action imposed under this Code. 
25. Violate the terms of any disciplinary sanction imposed in accordance with this Code. 
26. Aiding, Solicitation, and Attempt. 

A person is in violation of this Code if he or she: 

1. Intentionally aids or abets another in the commission of any offense(s) mentioned in this Code; 
2. Requests, hires, encourages, or otherwise solicits another person to commit any offense mentioned in this Code, either intending that the other person    commit the offense or with the knowledge that the other person intends to commit the offense; or 
3. Attempts to commit any offense mentioned in this Code. 

27. The College shall enforce the provisions of Section 1006.62, Florida Statutes, hereinafter set forth in full, as follows: 
1. Each student in a community college or state College is subject to federal and state law, respective county and municipal ordinances, and all rules and regulations of the State Board of Education or board of trustees of the institution. 
2. Violation of these published laws, ordinances, or rules and regulations may subject the violator to appropriate action by the institution's authorities. 
3. Each president of a community college or state College may, after notice to the student of the charges and after a hearing thereon, to expel, suspend, or otherwise discipline any student who is found to have violated any law, ordinance, or rule or regulation of the State Board of Education or of the board of trustees of the institution. A student may be entitled to waiver of expulsion: 
1. If the student provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals or of any other person engaged in violations of chapter 893 within a state College or community college;
2. If the student voluntarily discloses his or her violations of chapter 893 prior to his or her arrest; or
3. If the student commits him or herself, or is referred by the court in lieu of sentence, to a state-licensed drug abuse program and successfully completes the program.

2. The College will follow the mandates of Public Law 90-575, which provides in part, that students at an institution of higher learning who, after notice and hearing, are found guilty of substantial disruption will not be eligible for financial assistance provided by the federal government

4. Standards of Classroom Behavior
1. Primary responsibility for managing the classroom environment rests with the faculty. Faculty members are authorized to define, communicate, and enforce appropriate standards of decorum in classrooms, offices, and other instructional areas under their supervision. Students who engage in any prohibited or unlawful acts that result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period. Longer suspensions from class or dismissal on disciplinary grounds must be preceded by a disciplinary conference or hearing, as set forth in the Implementing Procedures of this Code.

Examples of such disruptive or distracting activities include, but are not limited to, the following:

1. Activities that are inconsistent with commonly acceptable classroom behavior and which are not conducive to the learning experience, such as: excessive tardiness, leaving and returning during class, and early departure when not previously authorized; 
2. Activities which violate previously prescribed classroom guidelines or constitute an unreasonable interruption of the learning process; 
3. Side discussions which are irrelevant to the subject matter of the class, that distract from the learning process, or impede, hinder, or inhibit the ability of the students to obtain the full benefit of the educational presentation;

2. Academic dishonesty allegations may be processed by the professor as academic violations, and/or may be processed in accordance with student conduct procedures set forth in this Code. Students may be subject to both the Student Conduct Code and academic sanctions as determined in the academic judgment of the professor in cases where there is a combination of alleged violations of academic and nonacademic regulations. Any student determined by the professor to have been responsible for engaging in an act of academic dishonesty shall be subject to a range of academic penalties (apart from any sanctions that may be imposed pursuant to the Code) as determined by the professor which may include, but not be limited to, one or more of the following: loss of credit for an assignment, examination, or project; a reduction in the course grade; or a grade of "F" in the course. 

5. Implementation

The President, or designee(s), shall administer this policy by developing and implementing procedures as deemed necessary and appropriate.

 

Related Documents and Policies:

History:

Adopted 12-11-74; Amended 9-16-81; Amended 8-25-82; Amended 1-19-83; Amended 11-18-92; Amended 5-15-07; Formerly 6Hx28:10-03