Code of Student Rights, Responsibilities, & Conduct

Short Title

These rules shall be known as the Lord Fairfax Community College Code of Conduct.

Bill of Rights

The following enumeration of rights shall not be construed to deny or disparage others retained by students in their capacity as members of the student body or as citizens of the community at large:

1. Free inquiry, expression, and assembly are guaranteed to all students consistent with the First Amendment to the United States Constitution.
2. Students are free to pursue their educational goals and appropriate opportunities for learning in the classroom and on the campus shall be provided by the institution.
3. The right of students to be secure in their persons, papers, and effects against unreasonable searches and seizures consistent with the Fourth Amendment of the United State Constitution.
4. No disciplinary sanctions may be imposed upon any student without notice to the accused of the nature and cause of the charges and an opportunity for a fair hearing.

The College has the right to set and expect reasonable standards for behavior and conduct that safeguard the College, College property, and all additional components of the educational process.

Definition

When used in this Code:

1. The term “institution” means Lord Fairfax Community College and, collectively, those responsible for its control and operation.
2. The term “student” includes all persons taking courses at the institution both full-time and part-time.
3. The term “instructor” means any person hired by the institution to conduct classroom activities. In certain situations, a person may be both “student” and “instructor.” Decisions regarding his/her status in a particular situation shall be determined by the surrounding facts.
4. The term “legal compulsion” means a judicial or legislative order which requires some action by the person to whom it is directed.
5. The term “organization” means a number of persons who have complied with the formal requirements of institution recognition as provided in number 10.
6. The term “group” means a number of persons who have not yet complied with the formal requirements for becoming an organization.
7. The term “student press” means either an organization whose primary purpose is to publish and distribute any publication on campus or a regular publication of an organization.
8. The term “administrator” shall refer to any designated employee who has the authority to act on the behalf of the College on the whole.
9. The term “College official” shall refer to any designated employee who has the authority to enforce the parameters of the student code of conduct.
10. The term “vice president” shall mean the vice president of academic and student affairs unless otherwise indicated.
11. The term “shall” is used in the imperative sense.
12. The term “may” is used in the permissive sense.
13. All other terms may have their natural meaning unless the context dictates otherwise.

Alcohol and Drugs

Students shall not possess, use, distribute or manufacture illegal drugs and alcohol (defined as neither prescription nor OTC) on school property including buildings, facilities, grounds, property controlled by the College, as part of College activities on or off campus, while serving as a representative of the College at off-campus meetings, in any state-owned, controlled or leased property or at a site where state work is performed. Individuals in violation of this policy may also be subject to legal sanctions under local, state or federal law regarding the unlawful possession or distribution of illegal drugs and alcohol. Illegal distribution of prescription drugs and medications is also prohibited in these venues. Students that are inebriated or otherwise under the influence of drugs or alcohol according to the subjective standards of a College official are not allowed in LFCC classrooms at any point.

Campus Expression

Discussion and expression of all views is permitted within the institution subject only to requirements for the maintenance of safety, order, and respect for others’ right to privacy, freedom from harassment, and other applicable policies of the institution.

Students, groups, and campus organizations may invite and hear any persons of their own choosing subject only to the requirements for use of institutional facilities.

Camping

Camping on College property is not permitted without a written permit signed by student activities personnel. Camping is defined as overnight visitation on campus grounds. Overnight parking may also be punished by relevant law enforcement authorities.

Classroom Expression

Orderly discussion and expression of all views relevant to the subject matter is permitted in the classroom subject to the responsibility of the instructor to maintain order.

Information about student views, beliefs, and political associations acquired by professors in the course of their work as instructors, advisors, and counselors, is confidential and is not to be disclosed to others unless under legal compulsion. (Questions relating to intellectual or skills capacity are not subject to this section.)

Computer Misuse–Information Technology Student/Patron Acceptable Use Agreement

As a user of the Virginia Community College System’s local and shared computer systems students must understand and agree to abide by the following acceptable use agreement terms. These terms govern your access to and use of the information technology applications, services and resources of the VCCS and the information they generate.

The College has granted access to students as a necessary privilege in order to perform authorized functions at the institution where they are currently enrolled. Students will not knowingly permit use of their entrusted access control mechanism for any purpose other than those required to perform authorized functions related to their status as a student. These include logon identification, password, workstation identification, user identification, digital certificates or 2-factor authentication mechanisms.

For detailed information on the computer use agreement, please go to: https://lfcc.edu/about-lfcc/office-of-financial-and-administrative-services/technology-services/computer-use-agreement/

Dangerous Practices

No student shall engage in any behavior or act that could reasonably pose a danger to fellow students, college employees, and/or college property.

Digital Copyright and File Sharing

Downloading or distributing copyrighted materials such as documents, movies, music, etc. without the permission of the rightful owner is considered copyright infringement and is illegal under federal copyright law. Under no circumstances should the College’s network connections be used to violate copyright laws. Use of the College’s network resources to commit acts of copyright infringement may be subject to prosecution and potential disciplinary actions.

The College has implemented technology that can detect P2P software running on the campus network. For additional information go to http://system.vccs.edu/its/InformationSecurityProgram/docs/P2P.

Disorderly Conduct

No student shall cause or incite any disturbance (including but not limited to excessive noise) in or near any campus building. This restriction extends to any activity which interrupts the standard safe and orderly operation of the College.

Disruption of Educational Process

No student shall cause or incite any disturbance (including excessive noise) in or near any campus building. This restriction extends to any activity which interrupts the standard safe and orderly operation of the College.

Generally, institutional discipline should be limited to conduct which adversely affects the institutional community’s pursuit of its educational objectives. Disruptive misconduct is subject to disciplinary action, in addition to possible relevant law enforcement action. Examples of this conduct include, but are not limited to:

1. All forms of dishonesty including cheating, plagiarism, and knowingly furnishing false information to the institution, and forgery, alteration or use of institutional documents or instruments, or identification with intent to defraud.
2. Intentional disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other College activities.
3. Damaging, defacing, stealing, or destroying College property or property of a member of the College community or campus visitor.
4. Violation of published institutional regulations including those relating to entry and use of institutional facilities, the rules in this Code of Conduct, and any other regulations which may be enacted.
5. Violation of law on institutional premises in a way that affects the institutional community’s pursuit of its proper educational purposes.

Expressive Activity

Lord Fairfax Community College is a community in which the ideals of freedom of inquiry, thought, and expression are respected and sustained. For more information on free speech, please go to: https://lfcc.edu/current-students/college-policies/free-speech-at-lfcc/

Failure to Comply with a College Official

No student shall fail to comply with a request or order from a College official. Violations of this policy include failure to properly follow through with any disciplinary measure imposed upon a student.

Falsification of Official Information

No student shall misrepresent him/ herself in any way while interacting with a College official, including holding him/herself out as a college official.

Fire Safety

All students are expected to maintain appropriate fire safety measures. Examples of non-compliance would include: failure to evacuate during a fire alarm, falsely pulling a fire alarm, and/or misusing fire safety equipment. Use of fireworks or firecrackers on campus is prohibited. Candles and other forms of fire are also prohibited. (Cigarette lighters or matches used to light tobacco products in a designated smoking area are the only exception). Disabling exit doors or blocking handicap access ramps is not permitted. Violations of these prohibitions may also be punished by relevant law enforcement authorities.

Gambling

In Virginia, gambling events and activities are unauthorized by law, except with special permit. LFCC cannot authorize gambling without proper state waiver.

Hazing

Hazing, defined as any action which leads to physical or mental discomfort for any member of the shared community, is prohibited on campus. Violations of this prohibition may also be punished by relevant law enforcement authorities.

Institutional Governance

All constituents of the institutional community are free, individually and collectively, to express their views on issues of institutional policies affecting academic and student affairs. The role of student government and its responsibilities shall be made explicit. On questions of educational policy, students are entitled to a participatory function.

Obscene Conduct

Students are expected not to engage in any type of lewd or obscene conduct while in a College building, on campus (or at a center), or at a College-sponsored off-site activity. This violation extends to include possessing, producing, or distributing illegal or inappropriate sexual materials as well as any and all forms of inappropriate touching. Note: Certain types of information may be distributed due to the learning nature of our collegiate environment; perceived obscenities based on expected academic goals may be exempt from this policy.

Off Campus Student Code of Conduct

Students are accountable for their conduct regardless of where it takes place, on or off the College property. This includes any behavior which reflects badly on the College or its mission including, but not limited to, high-risk use of alcohol, drug use, violent actions, and any behavior which compromises health, safety, and academic success.

Projectiles

No student shall cause any object to be projected (via throwing or any other method) through the air in any indoor campus environment. Projectiles are permitted in outdoor areas, as long as no formal College event is being conducted in that space. Violations of this prohibition may also be punishable by relevant law enforcement authorities.

Proscribed Conduct

The institution may institute its own proceedings against a student who violates a law on campus, which is also a violation of a published institution regulation. Official notices conspicuously displayed on bulletin boards in public areas throughout the campus are considered to be published institutional regulations. It is the responsibility of every student to read all official notices conspicuously posted through the College facilities. In addition, students are held to obey all local, state, and federal laws and violation of said may subject them to punishment by relevant law enforcement authorities. Any violations not listed below are subject to the discretion of the vice president or other College official as designated by the vice president. Consequences for said actions will be determined by the Student Conduct Officer.

Publications

A student, group, or organization may distribute pre-approved written material on campus providing such distribution does not disrupt the operation of the institution. Student activities personnel reserve the right to deny posting of written material for any reason.

The College press is to be free of censorship. The editors and managers shall not be arbitrarily suspended because of student, faculty, administration, alumni, or community disapproval of editorial policy or content. Similar freedom is assured to oral statements of views on an institution controlled and student operated radio or television station. (This editorial freedom entails a corollary obligation under the canons of responsible journalism and applicable regulations of the Federal Communications Commission.)

All student communications shall explicitly state on the editorial page or in broadcast that the opinions expressed are not necessarily those of the institution or its student body.

Smoking

Smoking or use of any apparatus that emits smoke or is designed to simulate smoking or any other tobacco product is not permitted in any College building. Smoking on school property is permitted only in designated areas, which are identified as any space more than 25 feet from an entrance to the College. For more information on the smoking policy, please go to www.lfcc.edu/policies.

Unauthorized Use of College Property or Documents

No official LFCC documentation or property should be used for any purpose by a student not authorized to do so. Examples of property include: College buildings, parking lots and vehicles, in addition to College computers, lab equipment and furniture. Examples of documents include: Logos, letterhead, forms and Web sites. This prohibition may also be enforced by relevant legal action pursuant to state and federal law.

Violence to Persons

No students shall engage or attempt to engage in any form of violence directed towards another person, group or self. No student shall threaten anyone else with physical harm, direct obscenities towards them, or engage in any activity that could be reasonably anticipated to provoke a violent reaction from that individual. Behaviors that present a threat or a potential danger to the College community are defined as, but not limited to:

1. Threatening Behavior (including but not limited to):
   1. Physical actions short of actual contact/injury (i.e., moving closer aggressively, waving arms or fists, raising tone of voice or yelling in an aggressive or threatening manner)
   2. Oral or written threats to harm people or their property (i.e., “you better watch your back” or “I’ll get you”), including the use of any electronic means of communication
   3. Implicit threats (i.e. “you’ll be sorry” or “this isn’t over yet.”)
2. Violent Behavior (including but not limited to):
   5. Intentionally acting in a manner that in any way endangers the safety of others
   6. Any physical assault, with or without weapons
   7. Behavior that a reasonable person would interpret as being physically aggressive (i.e. destruction of property, pounding on a desk or door or throwing objects in a threatening manner)
   8. Specific threats to inflict harm (e.g. a threat to shoot a named individual)
   9. Use of any object to attack or intimidate another person
   10. Interfering with an individual’s legal rights of movement or expression
3. Intimidating Behavior (including but not limited to):
   1. Intimidation of any kind that results in an individual’s fear for his/her personal safety
   2. Engaging in stalking behavior
   3. Behavior that is reasonably perceived to be frightening, coercing, or inducing distress to any member of the College community
4. Disruptive Behavior (including but not limited to):
   1. Verbally intimidating, threatening, or abusing any person or persons in the College environment
   2. Physically intimidating, threatening, abusing or assaulting others
   3. Disorderly or abusive behavior that interferes with the rights of others or obstructs the teaching or learning environment or business of the College
   4. Making inappropriate and incessant demands for time and attention from College employees or students
   5. Inappropriate use of College facilities or resources
   6. Theft or damage to College property

Violations of these prohibitions may also be punishable by relevant law enforcement authorities.

Weapons

No student shall keep, use, possess, display or carry any rifle, shotgun, handgun, knife, other edged weapon, or other lethal or dangerous instrument capable of maiming and/or casting a projectile by air, gas, explosion, or mechanical means on any property owned or operated by the College. This violation extends to include any realistic facsimiles of a weapon. These conditions are met if the weapon is on one’s person or in their vehicle. Note: Possession of a weapon on campus based on expected academic experiences (enrollment in a gun safety class) may be exempt from this policy with prior written permission from LFCC’s security office. Violations of these prohibitions may also be punishable by relevant law enforcement authorities. See regulation of weapons policy at https://lfcc.edu/policies.

Student Conduct Disciplinary Procedures

All students are afforded the right to due process for any violation. This process is defined below:

1. Any academic or administrative official, faculty member, or student may file a complaint against any student for misconduct. In extraordinary circumstances, the accused student may be indefinitely suspended pending consideration of the case. Such suspension shall not exceed a reasonable time. Any administrator, College official, faculty member, or student wishing to file complaints against a College employee must follow a separate protocol as outlined in the human resource policy manual.
2. When the Student Conduct Officer receives information that a student has allegedly violated a rule, regulation, policy, or procedure, the Student Conduct Officer shall investigate the alleged violation. After completing the preliminary investigation, the Student Conduct Officer will either
   1. Dismiss the allegation as unfounded or
   2. Determine if the severity and nature of the problem necessitates a student conference.

If a conference is deemed necessary, a request will be issued to the student via certified letter to the address contained in the College record. The notification will also be sent to the student’s College email address. The notification will inform the student of the alleged violation of the student code of conduct. The notification will instruct the student to respond within ten (10) calendar days of the date of the correspondence. A conference time will be set after consultation with all involved parties; the vice-president (or designee) will have discretion to alter the arrangements of the conference for good cause.

3. The President or Student Conduct Officer, may take immediate interim disciplinary actions, suspend the right of the student to be present on the campus and to attend classes, or otherwise alter the status of a student for violation of rules, regulations, policies, or procedures when the student is a clear or present danger to himself/herself or others, or if such action is in the best interest of the College. The College reserves the right at all times to take such prompt action as may be needed to preserve the peace, integrity, and safety of the educational process and the College environment.

Disposition of a Violation

As a result of the student conference, the Student Conduct Officer may select one of the following as a course of action:

1. Proceed administratively if it is determined that facts of the alleged violation are not in dispute.
2. Proceed administratively if it is determined that the facts of the alleged violation are in dispute and must be further probed by the Student Conduct Officer; or
3. Refer the case to a disciplinary hearing by preparing a formal complaint based on the allegation along with a list of witnesses and documentary evidence supporting the allegations (see “Hearing” section).

When the facts are not in dispute, the Student Conduct Officer may administratively dispose of any violation.

1. In administratively disposing of a violation, the Student Conduct Officer may impose any disciplinary action authorized under the section entitled “Sanctions.”
2. If a student accepts administrative disposition, he/she will sign a statement that he/she understands the nature of the charges and the penalty imposed. The statement also includes the student’s acknowledgement that he/she waives the right to a hearing and the right to appeal.
3. The Student Conduct Officer will prepare a written summary of each administrative disposition of a violation and forward a copy to the student and to other appropriate administrative personnel.

If the facts of the alleged violation are in dispute and require additional probing, the Student Conduct Officer may elect to gather additional information concerning the allegation or to administratively dispose of the violation.

1. If the Student Conduct Officer elects to gather more information, follow-up with the accused student must occur within ten (10) calendar days of the student conference.
2. If a student disputes the facts of the charges, but accepts administrative disposition, he/she will sign a statement that he/she understands the nature of the charges and the penalty imposed. The statement also includes the student’s acknowledgement that he/she waives the right to a hearing and the Student Conduct Officer will prepare a written summary of each administrative disposition of a violation and forward a copy to the student and to other appropriate administrative personnel.
3. A student may refuse administrative disposition of the alleged violation and on refusal is entitled to a hearing. If this is the case, the steps outlined in the following section, titled “Hearing,” will be followed.
4. The Student Conduct Officer may refer the case directly to a disciplinary hearing. If this is the case, the steps outlined in the following section, title “Hearing,” will be followed.

Hearing

1. A written request for a hearing must be made to the Student Conduct Officer within five (5) calendar days following the administrative disposition.
2. A standing student discipline ad hoc committee exists at the College. The ad hoc committee for a particular hearing will be randomly selected by the Student Conduct Officer from a list of faculty, staff, administrators and students who have volunteered to serve on the committee.
   1. The committee will consist of five (5) members (one full-time faculty member, one classified staff representative, one administrator, one student services representative and one student), unless the hearing is related to Title IX. In such cases, a student will not serve as a committee member member. Another faculty, staff or administrator will be asked to serve on the committee in lieu of a student representative.
   2. The list of names of the eligible persons will be developed at the beginning of each academic year and will be in effect for the duration of that year.
   3. The student requesting the hearing may, if he/she believes one of the selectees will not fairly judge the merits of the alleged violation, request that another person be chosen from the list in that same category. One requested substitution, with written justification, is permitted.
   4. The committee member who is selected for the hearing may request that another person be chosen from the same category of the list if he/she believes they cannot provide a fair judgment based on the merits of the alleged violation.
3. The student discipline ad hoc committee will elect a chairperson. The chairperson will set the date, time and place for the hearing.
   1. The Student Conduct Officer will notify the student by certified letter or by hand delivery of information pertaining to the date, time and place of the hearing. The notice of the hearing will be sent within five (5) calendar days following confirmation of the hearing committee membership.
   2. The hearing will take place within ten (10) calendar days of the establishment of the student discipline committee.
   3. The Student Conduct Officer will have discretion to alter the arrangements of the hearing for good cause.
4. The student discipline ad hoc committee will hold the hearing as scheduled and determine a ruling whether or not the student is present, provided the committee has confirmation that the student received actual notice of the date, time, and place of the hearing.
5. An accused student has the right to be accompanied by counsel, advisor, or attorney who may come from within or outside the College. Such counselor, advisor, or attorney must restrict his/her participation to advising the accused, and he/she may not participate in the actual proceedings of the hearing such as discussion or cross-examination of the witnesses.
6. The committee will presume a student innocent of the alleged violation until the facts and information presented support a decision to the contrary. A student will be found in violation when the weight of the evidence indicates that the student has violated this Code of Conduct. Committee members may freely question witnesses at any time. The committee will proceed as follows during the hearing:
   1. The Student Conduct Officer reads the complaint.
   2. The Student Conduct Officer presents the College’s case. Any person giving testimony may be questioned, at the completion of the witness’s testimony, by the student. The Student Conduct Officer has the right to follow up and/or recall witnesses as necessary.
   3. The student presents his/her defense. The committee may not require the student to testify. Any person giving testimony on behalf of the student may also be questioned by the Student Conduct Officer.
   4. The Student Conduct Officer and the student may present rebuttal evidence and argument.
   5. In closed session, the committee will discuss the issue and vote whether or not there has been a violation of this Code of Conduct. If the majority of the committee (at least 3 out of 5 voting members) finds the student violated the Code of Conduct, the committee will select and impose an appropriate sanction from the list detailed below. Determination of the sanction will be met by approval of a simple majority.
   6. The committee chairperson will complete and submit the Committee Findings Form to the Student Conduct Officer the same day as the conclusion of the hearing.
   7. The Student Conduct Officer will inform the student of the committee’s findings and sanctions, as noted on the Committee Findings Form. This notification will be sent via certified letter to the student and will be postmarked within five (5) calendar days of the conclusion of the hearing.

Hearing Records

1. All evidence will be offered to the committee during the hearing and made part of the hearing record. The hearing record will include:
   1. A copy of the notice provided to the student;
   2. All documentary and other evidence offered or admitted in evidence;
   3. Written motions, pleas, and any other materials considered by the committee; and
   4. The Committee Findings Form.
2. The hearing record will be forwarded to the Student Conduct Officer where it will be securely maintained.

Appeal

1. The president of the College will automatically review every penalty of expulsion.
2. A student is entitled to submit an appeal to the president of the College. To do so, a student must file a written request (via post marked certified letter) for appeal to the president within ten (10) calendar days from the date of the certified letter containing the Committee Findings Form. The written request for appeal must detail what specific issues are being appealed. The president maintains the right to refuse any request for appeal for insufficient cause.
3. If a notice of appeal is given, the Student Conduct Officer will send the hearing record to the president, within five (5) calendar days after the notice is given. The president will review the record and determine whether an in-person meeting is necessary to resolve the appeal.
4. If an in-person meeting is deemed necessary, the president will set the date, time and place for the appeal and the Student Conduct Officer will notify the student by certified letter or by hand delivery of information pertaining to the date, time, and place of the appeal. This notice will be sent as soon as possible and no later than ten (10) calendar days after the appeal request is received. The president will have the discretion to alter the arrangements of the hearing for good cause.
5. If an in-person meeting is not deemed necessary, the president will move forward with resolution of the appeal as detailed below.
6. After consideration of the appeal, the president will complete the appeal section on the Committee Findings Form. The president reserves the right to endorse, increase or lower the sanction that was assigned during the hearing.
7. The Student Conduct Officer will notify the student the result of the appeal via certified letter.
8. The president will take such action as determined to be appropriate at any time during the process, and all decisions made by the president are final.

Sanctions

Violations of the Code of Conduct can result in one or more of the following sanctions as deemed appropriate. The list of sanctions is not a progression.

1. Disciplinary Reprimand - a written reprimand from the Student Conduct Officer to the student on whom it is imposed. A disciplinary reprimand is recorded in the student’s conduct file.
2. Disciplinary Probation - probation may be imposed for any length of time up to one calendar year and the student will automatically be removed from probation when the imposed period expires. Probation indicates that further violations may result in suspension.
3. Community Service - service-learning hours with an office or department on campus.
4. Character Development - required attendance at an educational workshop, research and writing assignments or participation in a mentorship program.
5. Restitution - reimbursement for damage to or misappropriation of funds or property. This may take the form of appropriate service or other compensation.
6. Fines - fines shall be no less than $15 and no greater than $250, depending on the severity of the infraction.
7. Social Restriction - restriction from attending recognized campus social events and being on campus for any purpose other than those directly related to class. Social restriction may require the student to check in and out with security upon arrival and departure from campus.
8. Suspension - exclusion from classes and other privileges or activities as set forth in the notice for a defined period of time.
9. Expulsion - permanent severance from the College. The conditions of readmission, if any, shall be stated in the order of expulsion.
10. Referral to relevant law enforcement authorities.
11. Other appropriate consequences as determined by the disciplinary authority. Failure to complete sanctions by the designated completion date represents a violation of the Code of Conduct (Failure to comply with a College Official). Those who do not meet the criteria of their sanctions will begin the judicial process again with a second charge.