Rules, Regulations and Rights

Due Process Procedures

Academic Dishonesty, Discipline, etc.

These procedures contain regulations for dealing with alleged student violations of College standards of conduct in a manner consistent with the requirements of due process. It also contains descriptions of the standards of conduct to which students must adhere and the penalties which may be imposed for the violation of those standards.

Attendance at FCCJ is a privilege and in order to maintain the College ideals of scholarship, character and a commitment to excellence, the right is reserved by the College to establish rules and regulations to further these ideals which require student compliance for the welfare of the College community. These rules and regulations are found in Board Rule 6Hx7-11.1. It is the intent of the College that students understand that individual rights involve associated responsibilities and that individual rights must be viewed in relationship to the health, safety and welfare of the College community.

Students enrolled in any degree, diploma or certificate program are subject to federal and state laws, respective county and city ordinances and all rules and regulations of the College.

Student Academic Dishonesty Procedure

Academic dishonesty is considered a serious offense and is expressly prohibited. THIS POLICY INCLUDES ALL COURSE ASSESSMENT, RELATED ASSIGNMENTS AND ALL STANDARDIZED TESTS (e.g. CPT, CLAST, CAT). Such dishonesty includes:

1. cheating, which is defined as the giving or taking of any information or material with the intent of wrongfully aiding oneself or another in academic work considered in the determination of a course grade or the outcome of a standardized assessment,
2. plagiarism, which is defined as the act of stealing or passing off as one’s own work the words, ideas or conclusions of another as if the work submitted were the product of one’s own thinking rather than an idea or product derived from another source, or
3. any other form of inappropriate behavior which may include but is not limited to falsifying records or data, lying, unauthorized copying, tampering, abusing or otherwise unethically using computer or other stored information, and any other act or misconduct which may reasonably be deemed to be a part of this heading.

Any student alleged to have committed any act of academic dishonesty as defined herein, shall be entitled to due process as defined in District Board of Trustees Rule 6Hx7-2.18, prior to the administration of disciplinary action including suspension and dismissal.

Student Discipline Procedures

Violations of published laws, ordinances or rules and regulations may subject violators to appropriate disciplinary action by the College authorities.

Prior to any disciplinary actions taken, students are entitled to procedural due process. This means that students shall be provided:

1. reasonable notice of the charges,
2. a general time frame for resolution, and
3. an opportunity to present their side of the controversy.

Disciplinary action, unless otherwise provided by law, may include fines, the withholding of diplomas, certificates or transcripts (pending compliance with rules or payment of fines), restitution, warning, and/or the imposition of probation, suspension or permanent dismissal.

The College President, vice president, campus president or an appropriate designated College officer may without a hearing temporarily order the removal from College property of individuals charged with a suspendible offense that is deemed to present a clear and present danger to the welfare of the College. Students ordered removed will be required to remain off College property until a hearing is provided regarding the matter. In the event of the temporary removal, a written notice of a hearing to be held within 10 days of the date of the letter will be mailed (certified mail, return upon receipt requested) to the individual.

The following violations of the code of conduct are outlined in the District Board of Trustees Rules.

Any act or behavior on the part of the student which tends to interfere with or otherwise disturb the orderly conduct, processes, functions and/or interests of the College is expressly prohibited.

Such acts or behavior may include but are not limited to consumption of alcoholic beverages on campus or at a College function, illegal use or possession of drugs or narcotics, cheating in any form, sexual harassment, the use of indecent or abusive language, gambling, hazing as defined in Chapter 240.326, Florida Statutes, vandalism or destruction of property, falsification of records or statements to the College, unauthorized use of the College name, lewd or indecent conduct, violence against any member or guest of the College community, theft or willful destruction of College property or of the property of members of the College, interference with the freedom of movement of any member or guest of the College, obstruction of the normal processes and activities of the College community, deliberate interference with the rights of others, violation of a federal or state law, a county or city ordinance, repeated offenses of a less serious nature or any other offense reasonably deemed to be contrary to the best interest of the College.

All alleged student violations of the Board of Trustees Rules of the College are referred to the office of the campus student affairs dean. Any administrator, faculty member, guest of the College, law enforcement official or student may allege a violation against any student.

The student affairs deans on each campus will represent the associate vice president of student affairs in matters of student rights and responsibilities to ensure fair treatment of students, adherence to principles of due process and the timely resolution of all matters.

Guidelines for procedural due process are available in the campus dean of student affairs office. Students who have questions or are in need of assistance should contact the student affairs dean on their respective campus.

Student Appeals

Every reasonable attempt should be made to informally resolve any dispute between students and the College at the level at which the dispute arises. Recognizing that such matters cannot always be resolved informally, FCCJ provides a formal process through which students can appeal the application of certain College rules and regulations and the assignment of final grades. In all cases, it is the intent of the College to assure the fair and equitable treatment of students.

Students wishing to initiate a formal appeal should contact the campus dean of student affairs office. That office will provide the information and guidance necessary to initiate a student appeal.

Suspension, Termination or Cancellation of Enrollment

The College reserves the right to suspend, terminate or retroactively cancel the enrollment of students for disciplinary reasons.

Grievance Procedures

Grievance procedures are provided for students who believe that they have been unlawfully discriminated against, unfairly treated or sexually harassed.

Note: Appeals handled through the student appeals process are excluded from the grievance process.

Procedures

Such grievances shall be handled as follows:

1. Complaints against College employees shall first be directed to the employee alleged to have caused the complaint within six months following the alleged incident. In the case of alleged sexual harassment, students shall first discuss the complaint with the campus dean of student affairs. (If appropriate, the dean may designate another individual to discuss the matter with students.)
2. If the complaint cannot be resolved informally, then students shall present a formal grievance in writing to the campus dean of student affairs. This shall be done within 15 working days following verbal response from the College staff involved.
3. The campus dean of student affairs shall conduct a preliminary investigation and resolve the concern, if possible. If the charge is of a serious nature, the campus dean of student affairs will discuss the charge with the campus president and, if appropriate, the College counsel. Depending on the nature of the charge, the campus president will, after consultation with College counsel and the associate director of human resources, establish a process for resolving the issue. Care will be taken to guarantee that the matter is resolved equitably and that the due process rights of those involved are protected.
4. The recommendation resulting from the review process shall be submitted to the College President, who will render a final decision in a timely manner.

Student Appeals Procedures:

Florida Community College is committed to prompt and fair resolution of students concerns. The Student Appeals Procedure is the vehicle to resolving issues through mediation. The purpose of this procedure is to resolve student grievances pertaining to academic issues or other issues resulting from actions of faculty, staff and administrative members.

A student who feels he/she has a grievance should first seek to resolve the complaints by discussion with the specific faculty, staff or administrative member involved. A demonstration of good faith by all parties in attempting to resolve complaints should be paramount. If this fails to resolve the issue, the student may file a formal grievance. A student may discontinue the grievance process anytime.

Student Grievances MUST be filed on the campus where the alleged violation/dispute occurred.

Students having grievances should utilize the following guidelines:

Academic Grievance

An academic grievance relates to a complaint about a course or a program of study. Student academic grievances should first be referred to the campus Dean for Student Success or his/her designee. The campus Dean for Student Success or his/her designee, shall guide the student through the grievance process.

Step 1 - Informal Procedure

A student who has a complaint is first expected to resolve the complaint informally. The student should discuss his/her problem with the faculty or staff members involved and try to reach a mutually agreeable solution no later than the first fifteen (15) class days of the academic term immediately following the term in which the alleged grievance occurred. Grievances submitted after that date will not be considered. Upon notification of a complaint by the student, the faculty or staff member must meet with the student to discuss the complaint within ten (10) class days. In the event the faculty member refuses to meet with the student, the student shall meet with the appropriate Department Head. If the Department Head refuses to meet with the student, the grievance process will immediately move to the “Formal Procedure,” Step 2.

Step 2 - Formal Procedure

1. A formal grievance must be filed within ten (10) class days from the time of the conclusion of the Informal Procedure (Step 1),
2. The student will submit his/her grievance, in writing to the Dean of Liberal Arts or Workforce Development. Upon receipt of the grievance, the Dean will review the facts of the grievance and may conduct further inquiry. The Dean has ten (10) class days after receipt of the grievance to notify the student of his/her decision in writing.
3. If the Dean does not render a decision satisfactory to the student, the student may file a written appeal to the Campus Executive Dean within ten (10) class days of the Dean’s decision. The Executive Dean will submit the grievance to the Campus Appeals Committee within ten (10) class days, for consideration.
4. The following rules will apply:
   1. The Campus Appeals Committee shall hear the case and forward its decision to the Campus President.
   2. The hearing will be conducted by the Committee in an informal and expeditious manner.
   3. The Committee will be provided with all prior relevant documents from both sides and may request additional information and/or seek further witnesses.
   4. Only committee members, parties to the action and their advisors, selected by the student filing the grievance or the faculty member against whom the grievance is being filed, (drawn from among the student, faculty, and staff of the College) and witnesses testifying before the Committee shall be permitted in the hearing.
   5. At the hearing, the student, the defendant, and witnesses for each party may testify, and may be questioned by committee members. The student and faculty/staff involved may ask questions only through the Committee, which will decide whether the questions are appropriate.
   6. The Committee is empowered to rule on procedural matters and relevance of witnesses and/or evidence.
   7. All hearings will begin within ten (10) class days from the time the Committee receives the grievance from the Executive Dean.
   8. A tape recording or other record of the hearing shall be preserved for reference and review until the case has been finally resolved.
5. The Campus Appeals Committee shall arrive at a decision after all evidence has been heard and the parties have been dismissed. Only committee members who have been present for the entire hearing may vote on the case.
6. A majority vote of qualified members shall constitute a judgment.
7. The Campus Appeals Committee shall render a decision and forward the decision on to the Campus President. The Campus President shall review the decision of the Committee. The Campus President may accept, repeal, or amend the decision according to his/her best judgment. The actions of the Campus President shall occur within ten (10) class days of receipt of the decision by the Campus Appeals Committee. The decision of the Campus President cannot be appealed and is final.

Other Student Grievances

Any problem that occurs outside of a problem with a course(s) which is not related to the student’s program of study constitutes “non-academic grievances.” This includes financial aid concerns. Student non-academic grievances should first be referred to the Campus Dean for Student Success or his/her designee. The campus Dean for Student Success or his/her designee shall guide the student through the informal and formal grievance process. In the event the campus Dean for Student Success is a party of the student grievance, the campus Executive Dean shall appoint another professional staff member to serve as a guide for the informal and formal grievance process.

Step 1 - Informal Procedure

A student who has a complaint is first expected to resolve the complaint informally. The student should discuss his/her problem with the faculty, staff member, or student(s) involved and try to reach a mutually agreeable solution no later than the first fifteen (15) class days of the academic term immediately following the term in which the alleged grievance occurred. Grievances submitted after that date will not be considered. Upon notification of a complaint by the student, the faculty or staff member must meet with the student to discuss the complaint within ten (10) class days. In the event the faculty or staff member refuses to meet with the student, the student shall meet with the appropriate Department Head. If the Department Head refuses to meet with the student, the grievance process will immediately move to the “Formal Procedure,” Step 2.

Step 2 - Formal Procedure

1. A formal grievance must be filed within ten (10) class days from the time of the conclusion of the Informal Procedure (Step 1).
2. The student will submit his/her grievance in writing to the Campus Dean for Student Success. Upon receipt of the grievance, the Campus Dean for Student Success will review the facts of the grievance and may conduct further inquiry. The Dean has ten (10) class days after receipt of the grievance to notify the student of his/her decision in writing.