Policies and Procedures

Student Discipline Policy

A. By applying to and registering at Austin Community College, students agree to abide by the Student Discipline Policy and Student Rights and Responsibilities regulations published in the ACC College Catalog and this Student Handbook.

1. Students are expected to assume responsibility for their actions and will be held accountable for them.
2. ACC expects its students to be mature and responsible citizens. Any student whose conduct or dress at any time is in violation of the law, is a public nuisance, or is deemed improper or detrimental to the college may be subject to disciplinary action.
3. Students are expected to respect the rights and welfare of other members of the college community and its guests. Violence, the threat of violence, any disruption to the learning process, or intimidation will be subject to disciplinary action.

B. Prohibited acts include the commission of any act punishable by fine, incarceration, or both under any law of the United States or Texas, or a local ordinance.

1. Possession or use of firearms or other weapons on ACC-controlled property, except for educational purposes that have the prior approval of the campus dean of student services or on-duty law enforcement officers
2. Gambling or illegal use, possession and/or distribution or sale of narcotics or any controlled substance on ACC-controlled property
3. Theft of ACC property including, but not limited to, library books, magazines, videotapes, furnishing, equipment, and supplies
4. Theft of faculty property
5. Sexual assault or attempted sexual assault

C. Prohibited acts include those related to academic integrity

1. Academic work submitted by students shall be the result of their own thought, research or self-expression. For purposes of these regulations, academic work is defined as, but not limited to exams and quizzes, whether taken electronically or on paper; projects, either individual or group; papers; classroom presentations; and homework
2. When students borrow ideas, wording, or organization from another source, they shall reference that information in an appropriate manner

D. Prohibited acts include those related to alcohol, drug, or substance abuse

1. The college has the responsibility to investigate and/or refer for prosecution any student who possesses, uses, manufactures, and/or sells alcohol or a controlled substance on any ACC campus or center or at any ACC-sponsored event whether on or off campus.
2. Any student who possesses and/or uses alcohol or controlled substances on any ACC campus or center or at any ACC-sponsored event on or off-campus will be subject to disciplinary action.
3. Any student who sells and/or manufactures alcohol or controlled substances on any ACC campus or center or at any ACC-sponsored event on or off-campus will be subject to disciplinary action.

E. Prohibited acts include disruptive conduct of any kind. Disruptive conduct is defined as, but not limited to:

1. Behavior that significantly interferes with or disrupts any ACC teaching, research, administrative, disciplinary, public service or other authorized activity
2. Behavior that threatens the health or safety of members of the ACC community, visitors to ACC, or participants at ACC-sponsored events
3. Destruction or defacing of college property
4. Illegal occupation of college property or facility
5. Threats to freedom of access or movement
6. Illegal trespass
7. Failure to comply with the direction of college officials acting in the performance of their duties
8. Possession or use of ACC keys for unauthorized purposes
9. Failure to identify oneself or misrepresenting one’s identity to an authorized ACC representative while on ACC property or at ACC-sponsored events

F. Prohibited acts include any activities that could be described as harassment. The harassment may be on the basis of gender, ethnicity, national origin, religion, disability or any other characteristic.

G. Prohibited acts include any activities that could be described as hazing. As used at ACC, hazing refers to any action or situation that intentionally or recklessly endangers the mental or physical health or safety of a student for the purpose of initiation or admission into any organization operating under the sanction of Austin Community College.

H. Prohibited acts include the theft or other abuse of ACC’s technological resources (hardware and software) including, but not limited to:

1. Unauthorized entrance into a file to intentionally damage, disable, or impair computing or telecommunications equipment or software
2. Acquisition or use of software that does not adhere to applicable software licenses and copyright laws, or is not consistent with college software policies
3. Introduction of viruses or other destructive software into college computer facilities
4. Engagement in activities which are not consistent with Texas Statutes; Computer Crimes Act, Title 18, United States Code; Electronic Communication Privacy Act of 1986; or the Telecommunications Act of 1996
5. Unauthorized use of telephones and electronic devices
6. Use of computer resources to inter free with the work of another student, faculty member, or college official
7. Use of college computer facilities to send obscene or abusive messages, or to access materials reasonably deemed to be obscene or pornographic or which violate ACC’s policies regarding harassment, discrimination, or creating a hostile work environment
8. Use of college computer facilities to interfere with normal operation of the college’s computing systems

I. Dealing with suspected violations

1. With the exception of scholastic dishonesty, suspected violations will be reported to the campus dean of student services on the campus where the alleged violation occurred. Alleged violations that occur at an ACC Center will be reported to the center coordinator, who will work under the super vision of a campus dean of student services. Suspected violations that occur at an off-campus activity will be reported to the vice president of student support and success systems who will assign the investigation to a campus dean of student services.
2. Suspected scholastic dishonesty will be handled by the faculty member in collaboration with the campus dean of student services.

J. Academic dishonesty process

1. A faculty member who suspects academic dishonesty meets with the student(s) in private to discuss the alleged offense(s) and review the evidence that supports the charge.
2. After conferring with the student, the faculty member may dismiss the allegation or assess an academic penalty.

   a) Faculty members who assess an academic penalty must inform the student of the action in writing and report the disposition of the incident to the campus dean of student services within five working days.
   b) Faculty members who assess an academic penalty on a student in a Distance Learning class must notify the vice president of student support and success systems, who will appoint a campus dean of student services to review the case.
   c) The campus dean of student services will determine whether a disciplinary penalty shall be assessed.

   3. A student who is accused of academic dishonesty by a faculty member may:

   a) Acknowledge the facts of the offense and accept the academic penalty
   b) Dispute the allegation in writing to the campus dean of student services within five working days, excluding weekends, of the student’s written notice of the facts of the offense
   c) Dispute the penalty in writing to the campus dean of student ser vices within five working days, excluding weekends, of the student’s written notice of the penalty assessed

   4. If a student disputes the academic dishonesty charge, the academic dishonesty penalty, or both, the campus dean of student ser vices will proceed with the investigation as outlined in Section K: Investigation by the campus dean of student services.

5. The campus dean of student services shall determine the appropriate disciplinary or academic penalty in the following cases: (1) the student accused of scholastic dishonesty has been the subject of an academic and/or disciplinary penalty for a prior incident of scholastic dishonesty at the college, and/or (2) the case of scholastic dishonesty involves more complicated issues of fact such as collusion or the falsifying of academic records.

a) Collusion is defined as the unauthorized collaboration with another person in preparing written work for fulfillment of course requirements.
b) Falsifying academic records is defined as the altering of grades, either written or electronic, or other falsification of academic records such as application for admission, grade reports, test papers, registration materials, and reporting for ms used by the college.

6. After an academic dishonesty case is closed, the final disposition of the case shall be reported in writing within 10 working days, excluding weekends, to the student, the instructor, the instructional dean, and the Testing Center coordinator, if the academic dishonesty occur red in the Testing Center.

K. Investigation by the campus dean of student services

1. The campus dean of student services shall be notified of alleged student actions prohibited under the Student Discipline Policy and these regulations. The campus dean of student services or a designee shall collect data and follow these procedures and investigate the alleged violations.
2. After completing the preliminary investigation, the campus dean of student services may (a) dismiss the allegation or (b) summon the student for a conference at which time the student shall be informed of the charges against him/her and have the opportunity to refute the charges and to present data to support his/her version of the facts.
3. After confer ring with the student, if a conference is necessary, the campus dean of student services shall take one of the following actions: (a) dismiss the allegation, (b) assess a penalty, (c) work collaboratively with the faculty member to negotiate a resolution of a dispute, or (d) proceed to a hearing.

L. Emergency suspension pending action on charges

1. Pending final action on the charges, the campus dean of student services or the acting dean in the campus dean’s absence may suspend the student’s right to be present on campus, to attend classes, or otherwise alter the status of the student to:

   a) Ensure the student’s physical or emotional safety and well-being
   b) Ensure the safety of students, faculty or administrative staff, or college property
   c) Prevent the engaging in any disruptive activity on property owned or controlled by the college, or at any college-sponsored activity
   d) Prevent disruption of the educational process

2. Emergency suspension under this section may not be for more than 10 working days, excluding weekends. The student may appeal the emergency suspension to the vice president of student support and success systems who will:

a) uphold the emergency suspension or
b) rescind the emergency suspension. The vice president of student support and success systems may determine that the emergency suspension constitutes the end of the disciplinary process. If the student does not appeal the emergency suspension, or if the vice president of student support and success systems, upholds the emergency suspension, the campus dean will proceed with the investigation as outlined under Section K.

3. If this section is used to exclude a student pending final action on disciplinary charges, the campus dean of student services or the acting campus dean in the campus dean’s absence shall include justification for the exclusion in his/her disciplinary findings.
4. After an investigation by the campus dean of student services, the student shall be allowed to return to class and to campus if it is determined that the emergency no longer exists.

M. Hearing procedures and guidelines

1. In any case where the student notifies the campus dean of student services in writing within five working days, excluding weekends, of the student’s receipt of a written notice that she/ he wishes to dispute the facts upon which the charges are based or the penalty assessed, the campus dean of student services shall appoint a hearing officer to hear the dispute.
2. The hearing officer will be a campus dean who has not been involved in the case. In the event a campus dean of student services is not available, the campus dean will ask a vice president or an academic or workforce dean to serve as the hearing officer.
3. Within five working days, excluding weekends, after receiving the student’s request for a hearing, the campus dean of student ser vices shall notify the student by letter of the date, time, and place for the hearing. A letter sent to the most recent address of the student as listed in the records in the Admissions and Records Office shall constitute full and adequate notice.
4. The notice sent by the campus dean of student services shall:

   a) Direct the student to appear at the time and place specified
   b) State the charges against the student
   c) Advise the student of his or her right to:

   (1) a private hearing
   (2) appear in person or with a representative at the hearing, 3) know the identity of each witness who will testify against the student, unless there is reason to believe that disclosure would endanger the health and safety of the witness,
   (4) call witnesses
   (5) offer evidence
   (6) argue in his/her behalf
   (7) have the hearing recorded
   (8) cross-examine each witness who testifies against him/her (9) make a transcript of the hearing, and
   (10) appeal the results of the hearing

   d) List the names of witnesses who will testify against the student and a description of documentary and other evidence that will be offered
   e) Contain a copy of the complaint
   f) Notify the student that the campus dean of student services may be represented by counsel and that the campus dean or counsel may cross-examine any witnesses testifying on the student’s behalf, or the student, if the student testifies.

   5. The hearing shall take place not later than 15 working days, excluding weekends, after the date of the campus dean’s letter. Unless the emergency suspension described in Section L is invoked, a student who has been suspended shall remain in class pending any appeal of the suspension. The date of the hearing may be changed if the hearing officer and the student both agree to change it.

6. If the student fails to appear at the hearing, the campus dean of student services and the hearing officer may proceed with the hearing in the student’s absence.

7. The hearing officer will preside over the hearing and shall per form the following functions:

a) Determine if the campus dean of student services has satisfactorily carried out his/her responsibilities as outlined in sections K and L
b) Render a written decision
c) Set for the finding of fact in support of the decision
d) Assess the penalty
e) Provide the student and the campus dean of student
services with a copy of the decision

8. The hearing shall be informal and the hearing officer shall provide reasonable opportunities for witnesses to be heard.

a) In cases involving alleged academic dishonesty, the faculty
member making the allegation shall be present.
b) The hearing shall be closed unless the student requests an open hearing.
c) The parties shall exchange lists of witnesses and copies of documentary evidence to be used at the hearing at least three college class days, excluding weekends, before the hearing.

9. The hearing shall proceed as follows:

a) The campus dean of student services states the charges against the student
b) The campus dean of student ser vices or the college attorney presents the college’s case
c) The student or his/her representative presents his or her defense
d) The campus dean of student services presents rebuttal evidence
e) Each party presents arguments, with the college offering the opening and closing arguments
f) The hearing officer may take the matter under advisement before rendering a decision
g) If the hearing officer finds that discipline is warranted, he or she shall assess the appropriate penalty
h) The hearing officer may probate any penalty assessed
i) The hearing officer shall inform the campus dean of student services and the student in writing of the decision and the penalty, if any.

10. The following guidelines will govern the role of evidence in the hearing

a) Formal rules of evidence will not apply, and the hearing officer shall have the discretion to receive whatever information he or she deems to be helpful in resolving the matter before the hearing officer
b) The college has the burden of going forward with the evidence and shall open and close the presentation of evidence and the argument portions of the hearing
c) The hearing officer shall decide the matter before him or her and shall make the decision solely on the basis of the evidence offered at the hearing

11. Records of the Hearing

a) The college shall make a tape recording of the hearing and, on request, a student defendant shall be given a copy of the audiotape.
b) The student may have a stenographer present at the hearing, at his or her expense, to make a stenographic transcript of the hearing.
c) Disciplinary records and proceedings shall be kept separate from academic records and shall be treated as confidential.

12. The hearing officer’s decision

a) The hearing officer must render a decision not later than five class days, excluding weekends, after the hearing date.
b) The hearing officer’s decision shall set for the findings of fact that support the decision.
c) The penalty and/or terms of probation must be stated in the decision.
d) The campus dean of student services will administer the penalty, if any penalty is assessed.

N. Types of penalties

1. One or more of the following penalties may be imposed by the appropriate college representative for offenses listed or for the violation of an ACC rule or regulation.

a) Disciplinary penalties include warning, not being allowed to
re-enroll, being dropped from the current semester, restitution, suspension of rights and privileges, denial of degree, suspension from the college, and/or expulsion from the college
b) Academic penalties include grade penalties, withdrawal from the course, requirement that specific coursework be redone, requirement that extra coursework is done, and/or that certain coursework be done under circumstances different from those previously announced or those required of other students in the class

2. A grade penalty assigned to a student in a course where he or she is found guilty of academic dishonesty shall take precedence over a course withdrawal received by the Admissions Office on the same day or later than the incidence of academic dishonesty.

3. Any disciplinary penalty assessed by the college may be probated.

a) Probation shall be imposed for a term not to exceed one year.
b) Probation may be granted under such terms and conditions as may be imposed by the college representative.
c) Probation may be revoked under written notice followed by a hearing at which the only issue shall be whether the student committed the acts on which the decision to revoke probation is based. If probation is revoked, the original disciplinary penalty shall be imposed.

O. Definition of disciplinary penalties

1. A warning is a written reprimand from the campus dean of student ser vices to the student on whom it is imposed.
2. Drop from current enrollment and/or a bar against readmission prevents a student from returning to ACC for a specified period of time or until conditions imposed by the campus dean of student services are met. These conditions can range from responding to a summons from the campus dean of student ser vices to discuss an alleged violation of college rules or regulations to providing a recommendation from a licensed, qualified physician, and/or psychologist that the student is able to benefit from instruction and/or will not interfere with the right of other students to learn.
3. Restitution is reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or other wise compensate for damage.
4. Suspension of rights and privileges is a flexible penalty that the campus dean of student services or the hearing officer may impose to fit a specific case. In the case of scholastic dishonesty in the Testing Center, for example, the student will not be allowed to take any exams for that course in any college Testing Center for the remainder of the semester.
5. Denial of degree means that the degree will not be awarded or, if already awarded, revoked.
6. Suspension from the college prohibits, during the period of suspension, the suspended student from entering any ACC campus or center or facilities under the control or jurisdiction of the college without prior written approval of the vice president of student support and success systems. The suspension also prohibits the student from being initiated into an honorary or service organization, participating in a club or organization, and/or receiving credit for work done while on suspension.
7. Expulsion from ACC is permanent severance from the institution.

P. Appeals procedures

1. Student may appeal the findings of the hearing officer to the vice president of student support and success systems.
2. The vice president of student support and success systems must review the decision of the hearing officer within 10 working days, excluding weekends, from the date the appeal was mailed. The vice president of student support and success systems may affirm, modify, or reverse the decision.
3. If the vice president believes that he or she should not be eligible to review the appeal, he or she shall designate another college administrator to consider the appeal. The administrator so designated should be at the provost or vice president level.
4. During the review, the vice president of student support and success systems or his/her designee may not hear additional testimony or consider evidence that was not introduced in the original hearing. The student may submit written statements or arguments along with the written request for a review, and the college shall be given an opportunity to respond in writing before the vice president of student support and success systems decision.
5. The decision of the vice president of student support and success systems or his/her designee is final.