I. GENERAL
The appeals process for academic matters is contained in the academic regulations of the College catalog under the heading “Student Academic Grievance Procedure”.
Students seeking information on how to resolve issues that may occur between the student and the College are encouraged to seek guidance from the Office of Students & Learning, the Vice President for Workforce and Academic Programs, academic advisors, classroom instructors, the College Catalog, or any appropriate professional employee of the College.
II. ACADEMIC MISCONDUCT
Definition
Academic dishonesty includes, but is not limited to, the following:
- Cheating on examinations, be they online or proctored in person.
- Plagiarism, the representing of another’s ideas or writing as one’s own, including but not limited to:
- Presenting all or part of another person’s work as something one has written;
- Paraphrasing or summarizing another’s writing without proper acknowledgement;
- Representing another’s artistic or technical work or creation as one’s own.
- Willingly collaborating with others in any of the above action(s) which result(s) in work being submitted which is not the student’s own.
- Stealing examinations, falsifying academic records, and other such offenses.
- Submitting work previously presented in another course without permission of the instructor.
- Unauthorized duplication of computer software.
- Unauthorized use of copyrighted or published material.
Disciplinary Action
If, based on substantial evidence, a student is deemed guilty of academic dishonesty; the College may initiate disciplinary action as follows:
- The student may be required to repeat the assignment or the examination.
- The student may be given a failing grade for the assignment or the examination.
- The student may be given a failing grade for the course and does not have the opportunity to withdraw. Faculty member will submit a change of grade form to the registrar with a full explanation for the failing grade.
- The student may be suspended or dismissed from the College.
Appeal Process
A. Informal Appeal Process:
If a student wishes to discuss a disciplinary action that he/she has received for an alleged instance of academic dishonesty, the initial step is for the student to meet with the instructor to attempt to resolve the issue in an informal manner. This meeting should be scheduled at a mutually agreed upon time, outside of the instructional setting.
B. Formal Appeal Process:
To initiate a formal appeal, the student should first request a meeting with the instructor. If the issue cannot be resolved, the student must complete an Academic Grievance Form available from the office of the Vice President for Academic Affairs. The form should be submitted to the appropriate Academic Dean. Appeals will be processed in accordance with the Academic Grievance Procedures outlined in the College Catalog.
III. NON-ACADEMIC MISCONDUCT
The non-academic misconduct listed below is prohibited on College premises, at College sponsored activities, or during the execution of College-related business. This is not an all-inclusive list of prohibited behavior. The prohibited behavior described in this section applies to students enrolled in both credit and non-credit programs offered by the College.
Attempts to commit acts prohibited in the Code or encouraging or assisting others to commit such acts are prohibited and may be punished to the same extent as if one had committed the prohibited act.
College sponsored activities are any activities, on or off campus, which are initiated, authorized or supervised by Chesapeake College. For purposes of this Code, this definition also extends to behavior, which affects the execution of College business, but which does not necessarily occur on College premises or at a College sponsored activity. For purposes of this Code, ‘Chesapeake College student’ is defined as any person enrolled in credit or non-credit programs offered by Chesapeake College. This includes all credit and non-credit courses offered on or off campus.
Prohibited Conduct
- Physical and/or psychological abuse, threat, or harassment of any member of the College community or visitor to the College, or conduct which threatens or endangers the health or safety of any such person. This would include person-to-person, written, and electronic communication.
- Unauthorized use, possession, or storage of any weapon, dangerous chemical, or explosive element.
- Initiation of, or causing to be initiated, any false report, warning or threat of fire, explosion or other emergency.
- Violation of fire regulations, including the misuse or damage of fire safety equipment.
- Disruption, obstruction, or interference with College or College-sponsored activities, including, but not limited to, teaching, studying, research, administration, disciplinary procedures, cultural events, or fire, police, or emergency services.
- Violation of the terms of any disciplinary action imposed in accordance with this code.
- Interference with freedom of expression of others.
- Violation of any College policy, procedure, or regulation, including, but not limited to those concerning parking, student organizations, use of College facilities, smoking, alcohol, and the time, place, and manner of public expressions.
- Unauthorized possession, use, sale, or distribution of alcoholic beverages or of any illegal or controlled substance.
- Littering, damaging, defacing, or destroying College property or property under the College’s jurisdiction, or removing, using, occupying, or entering such property without authorization.
- Gambling or holding a raffle or lottery at the College without proper College approval.
- Violation of any local, state, federal, or other applicable law.
- Disorderly, lewd, or obscene conduct or expression.
- Furnishing false information to the College or to members of the College community who are acting in the exercise of their official duties.
- Forging, altering, falsifying or misusing College documents, records, or identification cards.
- Theft or attempted theft of College property or services, or personal property, or knowingly possessing such stolen property.
- Infringing upon the right of other students to fair and equal access to any of the College’s library materials and comparable or related academic resources.
- Unauthorized or fraudulent use of the College’s facilities and/or equipment including but not limited to the phone system, mail system, computer system, transportation system and/or equipment, or use of any of the above for any illegal act.
- Causing false information to be presented before any administrative proceeding of the College or intentionally destroying evidence important to such a proceeding.
- Failure to comply with the direction of College officials, including campus security officers acting in the performance of their duties.
- Hazing, which means doing any act or causing any situation which recklessly or intentionally subjects a student to the risk of bodily injury or endangers the mental or physical health or safety of a student for the purpose of initiation or admission into any student organization.
- Encouraging others to commit any of the acts, which have been herein prohibited.
- Violation of the Chesapeake College Internet Access Policy as stated below.
- Sexual misconduct offenses including, but not limited to: sexual harassment, non-consensual sexual contact (or attempts to commit the same), non-consensual sexual intercourse (or attempts to commit the same), or sexual exploitation;
- Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).
- Domestic violence, including felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom shares a child in common, by a person who is cohabitating with or who has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any person against an adult or youth victim who is protected from that person’s acts under the domestic or family laws of the jurisdiction in which the crime of violence occurred.
- Dating violence, defined as violence committed by a person who has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based on the consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- Stalking, defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. Course of conduct means two or more acts, including but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
IV. STUDENT USE OF THE INTERNET
Chesapeake College provides access to the Internet in order to support Chesapeake’s Mission and Objectives as a community college serving the counties of Caroline, Dorchester, Kent, Queen Anne’s, and Talbot. Specifically, the Internet is used to support the following objectives:
- Provide for the information needs of the students, faculty, and staff of Chesapeake College and for the information needs, as deemed appropriate by the College, of the residents of the five-county area.
- Expand the distance learning services of the College, so that the residents of the five-county area have access to a school without walls.
- Develop the information literacy skills of the students of Chesapeake College.
- Support the lifelong learning of the community.
- Support the professional development needs of the faculty and staff of Chesapeake College and enhance communication between members of the College community and their colleagues across the country.
It is a general policy that Chesapeake College facilities used for connection to the Internet are to be used in a responsible, ethical, and legal manner in accordance with the stated objectives for Internet access and the mission of Chesapeake College. Users must acknowledge their understanding of the general policy and guidelines as a condition for use of the Internet through Chesapeake College. Failure to adhere to this policy and its guidelines below may result in suspension of the offender’s privilege of network access by the College. Persons who make use of the resources of the College to access the Internet do so as guests of the College and are expected to conduct themselves accordingly. Conduct which adversely affects the ability of others to use the Internet or which is harmful to others will not be permitted. The College reserves the right to monitor its computing systems, workstations, and lab facilities.
Guidelines for Use of the Internet
Guideline 1. Acceptable uses of the Internet are activities, which support learning and teaching. Internet users are encouraged to develop uses which meet their individual needs and which take advantage of the Internet’s functions: electronic mail, conferences, bulletin boards, databases, telnet and ftp resources, etc.
Guideline 2. Persons obtaining access to the Internet through Chesapeake College, should adhere to the commonly accepted social norms of classroom behavior.
Guideline 3. Unacceptable uses of the Internet include:
- Violating the rights to privacy of students and employees of the College including attempts to access another person’s account, private files, or e-mail without permission of the owner.
- Use of the College’s computer resources to threaten or harass others.
- Reposting personal communications without the author’s prior consent.
- Copying commercial software in violation of copyright law.
- Using the Internet for any illegal activity.
- Attempts to write, produce, copy, or attempt in any way to introduce any computer code designed to self-replicate, damage or otherwise hinder the performance of any computer. Any such software is commonly referred to as a computer virus.
- Attempts to alter system software or hardware configurations. Deliberate attempts to degrade or disrupt system performance will be viewed as criminal activity under applicable state and federal laws.
- Storing or printing files, materials, or messages that violate Maryland obscenity laws.
- The display of sexually explicit materials on a College computer screen in such a manner that it can be seen by others may be a violation of the College’s policies on sexual harassment.
- Playing of computer games or simulations not in support of the curriculum at Chesapeake.
- Use of the Internet for any commercial purpose without the express written consent of the College.
- Developing web pages that do not meet the published standards of Chesapeake College.
- Sending mass e-mail messages such as chain letters, spam, pyramid schemes, etc.
Guideline 4. Accounts issued to individuals are intended for the sole use of that individual. The person in whose name an account is issued is responsible at all times for its proper use. Users should change their passwords frequently according to published password guidelines.
Guideline 5. When making copies of information from the Internet, files should be downloaded to your own removable media (floppy disk, zip disk, CD, USB storage device or personal file storage on Canvas). Files downloaded to the College’s network, or hard disk drives attached to that network, are subject to deletion without notice.
Guideline 6. When remotely accessing Chesapeake College subscriptions to the library’s electronic databases, users should abide licensing, regulations and not share user names and passwords with those not associated with Chesapeake College.
Guideline 7. Electronic e-mail is not guaranteed to be private. Misuse of e-mail will result in the College’s retrieval and review of e-mail residing on the College’s servers.
Guideline 8. Access to the Internet or Chesapeake Cruiser may be limited or terminated at the College’s discretion. In the event that other users are waiting to access College computing facilities, you will be asked to limit your time. Please be considerate of other users.
Guidelines for Use of Canvas
Guideline 1. Eligibility to have an account
All students enrolled in credit and developmental courses will be provided an account.
Guideline 2. Account termination
The account will terminate at such time that the student is not enrolled in a credit or developmental course or privileges have been terminated due to disciplinary sanctions for violating the Chesapeake College Internet Access Policy in accordance with the Student Code of Conduct.
Guideline 3. Privacy Issues
a. Inclusion in the Canvas Directory The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of a student’s educational records. Student information that is considered public or directory information is defined in the Annual Notification of Student Rights under FERPA. Information that has been designated as directory information by FERPA may include the following: student name; address; telephone number; date of birth; major program of study; dates of attendance; degrees; diplomas, certificates and awards received; full or part time status; participation in recognized activities. Canvas will not divulge any student information to the general public and only e-mail addresses and participation in student organizations or clubs will be included in the directory accessible by other students, faculty and staff of the College. Students may request that no directory information be released by completing the non-disclosure form in the Registrar’s office by the fifth day of the semester term. Complete information on the College’s FERPA policy is available at http://www.chesapeake.edu/students/retention/ferpa.asp
b. Electronic Mail System E-mail users of Canvas are advised that there is no guarantee that confidentiality of the user’s use of the e-mail or the content of specific messages will be maintained and that the system should not be regarded as a secure medium for sensitive or confidential correspondence.
Guideline 4. Storage limitations
Canvas provides storage for students’ personal files, e-mail, photos, and Web pages. Specific storage limits are not currently in effect, but may be implemented in the future if deemed necessary. Students are responsible for deleting old items and/or downloading them to CDs or other offline storage media, and limiting their use of storage space to academic-related items. Canvas administrators will monitor the amount of storage space being used by individual accounts. If a student appears to be using an excessive amount of storage, the Canvas administrator will contact the student and request that they reduce their storage usage. The administrator will provide assistance in archiving or deleting items, if needed.
Guideline 5. Standards for creating Web pages
Canvas provides resources to support its mission of teaching, information distribution, professional development, communication and lifelong learning. Faculty, students and campus organizations are encouraged to create Web pages that fulfill one or more of these goals. All Web pages must follow Chesapeake College Web Guidelines and the Internet/Web Portal Access Procedure of Chesapeake College.
V. DISCIPLINARY PROCEDURES
A. General information
- The Vice President for Workforce and Academic Programs is responsible for the administration of disciplinary procedures. Students whose behavior constitutes a violation of both this Code and/or federal, state, local, or other applicable law may be accountable to both the College and to civil authorities. Disciplinary action at the College will normally proceed while the criminal proceedings are pending and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed, reduced or are pending.
- Written reports of alleged student violation of the Student Code of Conduct may be submitted by any individual to the Vice President for Workforce and Academic Programs. The individual shall supply supporting documentation for the charge.
- It is the responsibility of the Office of the Vice President for Workforce and Academic Programs to investigate and interpret the alleged misconduct and to identify the appropriate specific charge(s) that will be brought against the student(s) involved, or to impose appropriate disciplinary action, or to dismiss the allegation(s) and notify the appropriate persons.
B. Procedure for Investigating Allegations of Student Misconduct
The Vice President for Workforce and Academic Programs, when officially notified of an alleged violation of the Code, will initiate an investigation of the incident to determine possible courses of action.
- The Vice President for Workforce and Academic Programs will request the student appear for a conference to discuss the alleged violation of the Code. After this meeting, the Vice President for Workforce and Academic Programs will determine whether to officially charge the student with a violation of the Code or seek an opportunity to informally resolve the matter. If the student is officially charged with a violation of the Code, the Vice President for Workforce and Academic Programs will specify the charge(s) and explain the Student Code of Conduct procedures to the student.
- If the student fails to respond to the Vice President’s request for a meeting within the time frame established by the Vice President, the Vice President may institute any of the actions described in the section on ‘Disciplinary Sanctions’.
- If the complaint is not informally resolved, the Vice President for Workforce and Academic Programs will formally investigate the allegations or delegate this task to the Committee of Review. Either the Vice President for Workforce and Academic Programs or the Committee of Review will interview the student involved, the complainant and any other appropriate witnesses, to determine whether the Code was violated and exercise one of the following options:
- If it is determined the Code was violated, impose disciplinary action(s) (see section VIII Disciplinary Sanctions). In this circumstance, the Vice President for Workforce and Academic Programs will inform the student of his/her appeal rights.
- Dismiss the charge(s) brought against the student.
- Either party has the right to appeal the decision of the Vice President for Workforce and Academic Programs or the Committee of Review.
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A decision of the Vice President for Workforce and Academic Programs may be appealed to the Committee of Review, with the final level of appeal being to the President of the college.
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A decision of the Committee of Review may be appealed to the President of the college.
- Where a student has admitted guilt, but disagrees with the disciplinary sanction imposed, the student may appeal in writing to the President of the college the extent of the disciplinary action(s) recommended by either the Vice President for Workforce and Academic Programs or the Committee of Review.
- In all cases involving a student appeal of a disciplinary action imposed by the Vice President for Workforce and Academic Programs, or a request for a hearing before the Committee of Review, the Vice President will inform the student of the procedure required to request an appeal.
C. Emergency Disciplinary Procedures
- The Vice President for Workforce and Academic Programs, may take immediate action to protect the College community and the public prior to an administrative hearing or a hearing before the Committee of Review in circumstances which involve an apparent immediate danger to the health or safety of members of the College community or the public, or which involve serious disruption of normal College operations. Such actions – which are automatically reviewed by the President of the college prior to implementation – may include but are not limited to those listed below:
1. Barring the student from the campus or any part of the campus.
2. Removing the student from a particular class or classes.
3. Prohibiting the student from participating in a College-sponsored activity, on or off campus.
- A student suspended on a temporary basis shall be given written notice of suspension by the Vice President for Workforce and Academic Programs, along with a brief statement of the reasons for the suspension.
- If the Vice President for Workforce and Academic Programs determines that the facts of a case do not warrant emergency disciplinary action, the complainant may request a meeting with the President for the purpose of requesting a reconsideration of the decision.
- If emergency action is taken, the Vice President for Workforce and Academic Programs will take steps to expedite the procedures set forth in this Code.
- Except for emergency disciplinary action as noted above, no disciplinary sanction will be imposed against the student prior to completion of the appeals process.
- Nothing in this section shall preclude a faculty member from requesting a disruptive student to leave a class, activity or facility immediately.
D. Faculty-Staff Committee of Review
A Faculty-Staff Committee of Review will be constituted to investigate, hold hearings, and make decisions on formal complaints involving student violations of the College’s Student Code of Conduct.
Organization of the Committee of Review
The Committee of Review shall consist of one staff member and two faculty members appointed from the membership of the Committee for Admissions and Academic Standing (CAAS) by the Chair of said committee. A faculty or staff member from outside the CAAS membership may be allowed if approved by the CAAS chair.
- Faculty members shall be full-time members of the faculty.
- Faculty and staff members shall hold office for one calendar year, beginning with the start of the Fall semester and concluding at the end of the following Summer session.
- The chair of the Committee for Admissions and Academic Standing will immediately appoint a full-time faculty member to fill a vacancy occurring in the faculty representative on the Committee.
- The Committee of Review will elect its own chairman from the faculty membership.
Operating Procedures
The Committee of Review may decide their general rules of procedure except for the specific operating procedures detailed below.
Hearing Procedures
- The chairperson of the Committee will receive from the Vice President for Workforce and Academic Programs a written notification of the charges pending against the student and all pertinent information relevant to the allegations, including the name(s) of accuser(s) and witnesses, evidence and signed statements.
- Upon notification from the Vice President for Workforce and Academic Programs, the chairperson of the Committee of Review will notify the student involved of the time, place, and date of the hearing. The student may request a change in the hearing date. All reasonable efforts by the College will be made to accommodate the student. If the student does not agree to the new hearing date, the Committee may choose to hold the hearing without the student present.
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The hearing will be closed to the public. All proceedings and decisions will be considered confidential by the hearing body, and only those persons whose presence is required, as determined by the chair, will be permitted to attend. The hearing may be audio taped in order for the Committee to review any pertinent testimony.
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Any person, including the student charged, who disrupts a hearing or fails to adhere to the rulings of the chair, shall be excluded from the proceeding.
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All evidence against a student will be presented in his/her presence, and he/she will be permitted to question and confront any witness.
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The burden of proof shall be on the presenter who shall prove the charge by a preponderance of the evidence.
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When the Committee is satisfied that all relevant available evidence has been presented and that all the available relevant participants have been interviewed, the hearing will be adjourned. The Committee will meet to consider the evidence and to reach a decision. The deliberations of the Committee will be confidential.
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Any decision will be based only on the record developed at the hearing. The record shall consist of the record of the Committee’s proceedings, and all written reports, documents and other material submitted to the Committee, as well as taped testimonies.
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The attendance of three (3) members of the Committee shall be required in order to form a quorum qualified to conduct a hearing. The Committee will reach its decision by a majority vote of the full Committee. Voting shall be by secret ballot.
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The Committee will forward its decision, in writing, to the Vice President for Workforce and Academic Programs no later than ten (10) working days after the conclusion of the hearing, except that the Committee reserves the right to have the proceedings transcribed if it believes such transcription is necessary for its deliberations. In that event, the time for issuance of its decision will be automatically extended until five (5) working days after receipt of the transcript.
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The stenographic record or audio-tape of each hearing, and all written documentation pertaining to the hearing will be sealed and stored in the Vice President for Workforce and Academic Programs’ office in accordance with College procedures for a period of five (5) years, then destroyed.
Committee Decision and Implementation
- The decision of the Committee of Review will be implemented by the Vice President for Workforce and Academic Programs, except those decisions which involve suspension or dismissal shall be approved by the President.
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The Vice President for Workforce and Academic Programs will notify the student in writing of the decision of the Committee within five (5) working days of the Committee’s decision. If disciplinary action is imposed, the student will be informed of the duration of such action and/or the date by which restitution or other appropriate conditions must be met. At the same time, the Vice President will inform the student of his/her appeal rights.
Appeal Procedures
- Appeals of a decision by the Committee of Review will be forwarded to the President.
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Appeals must be submitted in writing to the President within five (5) working days of the receipt by the student of notification of the disciplinary action to be taken. The appeal becomes part of the official record.
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The written appeal shall state the grounds for review, the type of relief requested, and such supporting argument as the student or his/her representative may choose to include.
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The President may affirm or lessen (including reverse) the decision; in no case will a more severe action be imposed.
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In considering the appeal, the President will be limited to a review of the record and any written documentation included as evidence from the hearing.
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The written decision of the President will be submitted to the student within ten (10) working days of receipt of the written appeal or, if a transcript is required, within ten (10) working days of receipt of the transcript. A copy of the decision will be forwarded to the Vice President of Student Affairs and the chair of the Committee of Review.
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The decision of the President is final.
VI. DISCIPLINARY SANCTIONS
The listing below is not intended to be all-inclusive. The Vice President, Committee of Review, and President, or higher administrative authorities may impose other sanctions as the situation may warrant. All disciplinary sanctions may become a permanent part of the student’s official records.
- For purposes of this Code, “disciplinary sanction” is defined as an activity whose intent is to assist an individual or individuals in maintaining a state of order conducive to the orderly implementation of the business of the College.
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Sanctions for violations of the Code of Conduct may be imposed by the Vice President for Workforce and Academic Programs, the Committee of Review, Vice President for Academic Affairs and the President, as appropriate.
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Disciplinary sanctions may include any one or more of the following:
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Admonition: A statement to the student that he/she is violating or has violated the Code of Conduct and may be subject to more severe action if such violations recur.
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Social probation: Removal and/or restriction of the privilege of participating in extracurricular activities of the College. (This may include, but not be limited to, the holding of any student office or participation in any intercollegiate activity for a period not to exceed one academic year.)
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Withholding a transcript or a degree: Refusal to issue a transcript or a degree to any student who fails to pay a debt owed to the College. The penalty terminates upon payment of the debt.
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Bar against readmission: Refusal to readmit a student who has violated the Code of Conduct and has withdrawn from the College prior to or during disciplinary proceedings. This action may be lifted upon final disposition of the case.
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Restitution: Reimbursement for damage to or misappropriation of property, and/or rehabilitative action as designated by the Vice President for Workforce and Academic Programs, Committee of Review, or President, in compensation for violation of the Student Code of Conduct.
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Bar against registration: Refusal to allow a student to register for credit or non-credit courses offered by Chesapeake College. This restriction may be lifted by the Vice President for Workforce and Academic Programs when the conditions established for readmission have been met.
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Suspension: Separation of the student from the College for a specified period of time. Except for temporary suspension under the section on Emergency Disciplinary Procedures, the decision to suspend (or dismiss) will be held in abeyance pending completion of the appeal process. The student will not participate in any College sponsored activity and may be barred from College premises during the period of suspension.
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Dismissal from College: Termination of student status. Except for temporary suspension under the section on Emergency Disciplinary Procedures, the decision to dismiss will be held in abeyance pending completion of the appeal process. Permanent notification will appear on the student’s transcript. The student may be barred from the College premises. Conditions of readmission will be stated in the order of dismissal. This action must be approved by the Vice President for Workforce and Academic Programs and may be appealed to the President.
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Nothing contained in this Code shall limit the right of the College at any time to agree to disciplinary sanction(s) if the student agrees not to contest the charges. Any such agreement shall be reduced to writing which when signed by the student and the Vice President shall conclude the case.
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Nothing contained in this Code shall preclude the College from pursuing any and all remedies available at law or equity and such rights and remedies are specifically reserved.
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