NCCC Code of Conduct

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Code of Conduct

The NCCC Code of Conduct provides realistic guidelines for individuals to follow regarding their academic, social, and personal conduct. The Code reflects that which is appropriate, reasonable and considerate action for members of the College community. The Code is monitored by the College Review Board and applies to all members of the College community. It is appropriate and reasonable to expect members of the College community to:

Comply with all laws of the Villages and Towns in which the respective College campuses/sites are located, as well as State and Federal laws.
Comply with all College rules and regulations, particularly those in Appendix A hereof and in the College catalog.
Proceed in an orderly, lawful and responsible manner when attempting to change or modify College rules and regulations that are considered in need of reconsideration or modification.
Not engage in harassment of individuals based on status, age, sexual orientation, handicap, race, creed, gender, position of authority or for any other reason. This includes any activity which endangers the mental or physical health of another individual, such as verbal or physical activity of a threatening or offensive nature against another, either in person, by telephone, by computer message or otherwise; activity amounting to stalking or refusing to cease a course of conduct when requested to do so by another individual; activity consisting of nonconsensual touching of another individual, etc.
1. Refrain from committing a hate crime which is identified by the New York State Penal Code as a "specific offense" by intentionally selecting a person(s) against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding specified attributes of race, color, national origin, ancestry, gender, religion, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.
2. Refrain from abusive, derogatory, and destructive behavior towards self and/or others. Students engaging in destructive behavior against self or others will be dismissed from the College immediately. Re-admission may be considered, pending submission of professional evaluation(s) stating that the individual no longer represents a threat to others as well as herself/himself.
Respect the personal property rights of others, and the property rights and facilities of the College.
Complete their pursuit of knowledge following the highest levels of scholarship. For students this means abiding by the academic tradition not to plagiarize, nor seek, receive, utilize or provide unauthorized assistance in the completion of assignments and tests.
Comply with all terms and conditions set forth in the NCCC Responsible Use of Electronic Communication Policy incorporated herein as Appendix B.
Avoid unauthorized and unlicensed duplication of copyrighted material found in paper media, computers, computer software, or the Internet.
Attend to their College duties (teaching, learning, administering, etc.) with the desire and goal to achieve excellence, and with due care and concern for the individual and collective rights of others.
Use socially acceptable language.
Dress in a manner socially acceptable and befitting to the various College activities.
Represent the College to the wider public community in the manner consistent wit the purposes of the College. The NCCC standards of behavior apply to both on and off-campus conduct when relevant to the mission, processes, functions, and interests of the College.
Comply with all "No Tobacco Use" signs and regulations for health and safety reasons.
Refrain from the use, possession or distribution of alcoholic beverages on College owned or controlled property or while attending sanctioned off-campus College events. The College permits the consumption of alcoholic beverages at social functions only when the President in advance of the event has granted permission in writing. In the event written permission is granted by the President, only those individuals authorized by the President shall be permitted to bring alcoholic beverages onto a campus/site for College functions. Consumption of alcoholic beverages shall be permitted only within the approved area designated for said event. No person under the age of 21 years shall consume any alcoholic beverage at any College sanctioned event.
The use, possession or distribution of any drug considered illegal by Federal or State laws or a controlled substance not permitted by law at the College or at College sanctioned events is prohibited. The College regards any illegal drug involvement as an educational, as well as a legal issue, and offers counseling opportunities to members of the College community who wish to use those services. See Appendix C, which is made a part hereof.
College clubs, organizations, and athletic teams are prohibited from any action or situation (hazing) which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with said organization. This regulation shall govern the conduct of student, faculty, and other staff as well as visitors and other licensees and invitees on campus or college owned property.

Section I: Application and Enforcement of the Code of Conduct

The procedures for enforcement of these standards of conduct involving College staff and employees have been established in the applicable collective bargaining agreements between staff and employees and the College, and said procedures shall apply.
The procedures for enforcement of these standards of conduct involving any student are as set forth below, and these procedures shall apply to all acts or conduct of a student which are of an academic or a non-academic nature occurring on any of the campuses/sites of the College, or off campus at a function sponsored or conducted under the aegis of the College.

Section II: Definitions

When any provision of these procedures requires that a written notice be given to another person, the term "written notice" shall be deemed to require that such written notice to given or mailed to said other person by United States Post Office certified mail, return receipt requested. If such notice is to be given to a student, is shall be addressed to the address last appearing on the student's current College registration form on file at the Records Office of the College. If such notice is to be given to a member of the faculty or staff of the College, the notice shall be addressed to that person by title and name and shall be addressed to the campus address where the staff person's office is located. For purposes of computing all time requirements provided by these procedures based on time for giving of notice, the giving of notice shall be deemed to commence on the date of actual mailing such notice at the United States Post Office by the sender, and such date shall be established by the stamped date of the United States Post Office stamped on the receipt received by the sender at the time of mailing, regardless of the date when such notice be actually received or accepted by the recipient.
The term "working day" when used in these procedures means a day when the College is in session by conducting one or more classes at its main campus in Saranac Lake, New York. Notwithstanding the foregoing, a "working day" shall not include official legal holiday days recognized by Federal or State laws, or any Saturday or Sunday days even if one or more classes are conducted at the main campus in Saranac Lake, New York.
The term "College Review Board" when used in these procedures means the board charged with providing hearings and making recommendations involving charges of violations of the Code of Conduct by students of the College. The College Review Board (CRB) shall consist of one member of the teaching faculty appointed by the President who shall serve as Chief Justice of the CRB; one member of the permanent staff of Management Confidential of the College appointed by the President; one member of the faculty or staff appointed by the Vice President for Enrollment Management and Student Services; and two students of the College selected each year by the majority vote of the Student Government Association Presidents. Except for student appointees, each member appointed to the CRB shall serve for a three-year term, except for the student appointees and shall hold office until said appointees successor is appointed. In the event of a vacancy during the term of a member's appointment by reason of death, resignation, disqualification or withdrawal from student or College staff status, such vacancy shall be filled by the specified appointing authority for the unexpired term in the same manner as the original appointment. All meetings of the CRB shall be open to the public. Three (3) members of the CRB shall constitute a quorum for the transaction of its functions. All meetings of the CRB shall be conducted at the main campus of the College at Saranac Lake, New York. Each member of the CRB shall have his/her recommendation on any matter considered by the CRB reported to the Vice President for Enrollment Management and Student Services even if such recommendation be contrary with the recommendations of other members of the CRB. The Vice President for Enrollment Management and Student Services of the College shall be an ex-officio member of the CRB, but shall have no right to vote. The Chief Justice shall preside at all meetings of the CRB, and shall prepare and submit all written reports and recommendations of the CRB required pursuant to these procedures.

Section III: Informal Procedures (Regarding Minor Disputes Involving Academic or Non-Academic Matters of Students of the College)

In the event of a dispute between a member of the faculty and a student involving an academic grade, only the instructor has the authority to change a grade (unless said instructor is no longer employed by North Country Community College or is incapacitated.) Any student who believes that a final grade has been computed incorrectly or has a grievance regarding the final grade must submit a letter outlining the change desired to the instructor within one month after the grade reports are issued. The student’s written application shall include a copy of the grade transcript showing the grade and the postmark date, and shall set forth all of the details of the student’s position regarding the dispute. The student shall sign all applications for review. The student shall also provide a complete copy of the application for review to the member of the faculty whose final grade is being reviewed. That faculty member shall consult and discuss the disputed grade with the Department Chair, which consultation shall occur in the absence of the student, and shall submit any written documentation pertaining to the disputed grade as in the sole discretion of the member of the faculty, fairness requires. In the event a satisfactory resolution of the dispute is not achieved following review by the Department Chair, the student shall have the right to have the dispute submitted to the Vice President for Academic Affairs, who shall have the right to determine and resolve all issues as, in the Vice President for Academic Affairs sole discretion, fairness and the academic policies and standards of NCCC requires. The decision of the Vice President for Academic Affairs shall be final. No further review or appeal shall be allowed.
In the event of a minor dispute between a member of the faculty/staff of the College and a student arising from or effecting classroom activities, except for disputes pertaining to an academic grade which shall be processed only in accordance with (A) above, the procedural course for resolution without initial risk of the imposition of any sanction is by the student seeking the assistance of and consulting with the appropriate Department Chair, or in the case of a College site, the Site Coordinator or Academic Coordinator/ Campus & Student Life Coordinator. In the event mutual resolution is not achieved following such consultation, the student or the faculty/staff member shall have the right to seek the assistance and mediation of the Vice President for Enrollment Management and Student Services of the College. In the event satisfactory mutual resolution of the dispute is not achieved following mediation and consultation with the Vice President for Enrollment Management and Student Services, the student or the faculty/staff member shall have the right to submit the dispute to the President of the College, who shall have the right to determine and resolve all remaining unresolved issues as in the President’s sole discretion, fairness and the best interests of the College and the parties dictates. In the event the student or faculty/staff member electing to participate in this informal dispute resolution process provided by this section of the Code thereafter fails or refuses to comply with the resolution determination of the President and the dispute continues, the President shall have the right to elect to initiate appropriate formal disciplinary proceedings pursuant to Section IV hereof, which process may result in a sanction against the student as herein provided or, if the dispute involves a faculty/staff member, the President shall have the right to elect to initiate appropriate disciplinary procedures in accordance with the provisions of the applicable collective bargaining agreement and/or College Policy.

Section IV: Formal Procedures (Regarding Alleged Violations of the Code of Conduct by a Student)

Any charges pertaining to an alleged violation of the Code of Conduct by a student shall be submitted in written form with appropriate details identifying the name of the student, the date and place of the alleged occurrence and the details of the alleged violation. All charges shall be signed by the complainant initiating such charges. All such charges shall be submitted to the office of the Vice President for Enrollment Management and Student Services.
Within five (5) working days following receipt of a written charge of alleged violation of the Code of Conduct, the Vice President for Enrollment Management and Student Services shall give notice to the student so charged of the charges by providing a true copy thereof, and shall give written notice to the student of the time, date and place where the student is to report for a consultation meeting. The Vice President for Enrollment Management and Student Services or his/her faculty or staff designee will serve as Judicial Advisor and shall be responsible to review and discuss the charges with the student.
At the time and place of the consultation meeting between the Judicial Advisor and the student, the student shall be provided with a copy of the Code of Conduct and advised of his/her rights according to the procedures herein. The Judicial Advisorshall review the charges with the student, hear the student’s explanations, if any, and review the disciplinary sanctions herein provided. The student shall be advised he/she has the right to present his/her explanations or denials in writing, which writing shall become part of the record regarding the charges.
Within five (5) working days after the consultation meeting, the individual serving as Judicial Advisor shall complete the written record with documented findings for determination to include a copy of the charges, all written submissions by the student and such other documentation as is deemed appropriate. The Vice President for Enrollment Management and Student Services shall render a decision and announce any recommended sanctions, if any, within five (5) working days following submission of said report. Written notice of the Vice President ’s decisions shall be provided to the student as required by Section II (A) above. In the event the charge results in a decision by the Vice President for Enrollment Management and Student Services that the student violated the Code of Conduct, the notice of the Vice President ’s decisions shall include notification to the student of his/her right to request a hearing before the CRB, and shall advise the student that the right to a hearing before the CRB shall be entertained only upon written application for such hearing by the student within fifteen (15) working days from the date of the giving of notice of the decisions as above provided, and only on good faith grounds shown.
A student seeking to have a CRB hearing shall serve written request for such hearing in a timely manner by service of a written request specifying the good faith grounds claimed by the student warranting a hearing to the office of the Vice President for Enrollment Management and Student Services in the manner provided by Section II (A). Upon receipt of a timely request for a CRB hearing the Vice President for Enrollment Management and Student Services shall transmit such request to the Chief Justice of the CRB within three (3) working days following receipt. In the event the request is untimely, the Vice President for Enrollment Management and Student Services shall return the request within three (3) working days to the student with a written notice advising that the request was untimely filed and no hearing is to be provided by the CRB.
If no request for a CRB hearing be filed in a timely manner, the decision and any imposed sanction by the Vice President for Enrollment Management and Student Services shall be final. If a timely request for a CRB hearing be properly filed, any disciplinary sanction imposed by the Vice President for Enrollment Management and Student Services may be suspended by the Vice President for Enrollment Management and Student Services as, in his/her discretion the circumstances warrant, such suspension to be in effect until the CRB hearing process is concluded and the decision is either confirmed, reversed or modified. If the Vice President for Enrollment Management and Student Services determines that the disciplinary sanction be temporarily suspended, written notice shall be given to the student within two (2) working days of such discretionary decision. If the Vice President for Enrollment Management and Student Services does not elect to suspend the sanction during the CRB hearing process, the sanction shall be in full force and effect until the CRB hearing process is concluded.
Upon receipt of a timely request for a hearing by the Chief Justice of the CRB, the Chief Justice shall first determine if, in his/her sole discretion, there are good faith grounds for a hearing based on the reasons stated by the student. In the event the Chief Justice determines there are no good faith reasons warranting a CRB hearing, and that the contentions of the student applicant are frivolous or in bad faith, and intended to delay or prolong the imposition of the sanction, or asserted to harass or maliciously injure another person, the Chief Justice shall have the right to deny a CRB hearing. In the event the Chief Justice determines that a hearing request is frivolous or in bad faith, he/she shall notify the student of the denial of a CRB hearing, which notification shall specify his/her reasons for denying a CRB hearing. Written notice to the student shall be given within five (5) working days following the Chief Justice’s receipt of the application for a hearing.
Any student receiving notice from the Vice President for Enrollment Management and Student Services that his/her application for a CRB hearing was denied because untimely, or receiving notice from the Chief Justice that his/her application for a CRB hearing was denied because it is, in the opinion of the Chief Justice, frivolous or not in good faith, shall have the right to submit a written request for reconsideration of such decision by the President, provided written application for such reconsideration be filed by the student at the office of the President within 10 (10) working days following the date of mailing of such decision to the student by the Vice President or Chief Justice. The President shall decide the issue based on the written documentation presented, and the President’s decision shall be final. If the President reverses the decision being appealed, the review procedures below shall commence. Notice of the President’s decision shall be given to the student and the Vice President for Enrollment Management and Student Services or the Chief Justice within five (5) working days following receipt of the application for reconsideration by the President.
Upon receipt of a timely good faith request for a CRB hearing, the Chief Justice shall provide written notice to the student of the date, place and time of the hearing. The Chief Justice shall also provide such written notice to all members of the CRB. The Chief Justice shall have the authority to grant any adjournments of a noticed hearing only on good cause. Notice of a CRB hearing shall be provided to the student at least five (5) working days prior to the scheduled hearing date.
Any student participating in a CRB hearing shall have the right to the assistance of an advisor or attorney of his/her choice, at the student’s sole expense. A student shall have the right to present witnesses, to question the complainant and dispute any documents related to the charge. The rules of evidence shall not apply to any CRB hearing and hearsay may be considered. The Chief Justice and/or each member of the CRB participating in the hearing shall submit their written recommendations based upon the information presented at the hearing in written form to the Vice President for Enrollment Management and Student Services within three (3) working days following the conclusion of the hearing. Written notice of a copy of all of the recommendations of the CRB shall be provided to the student.
Within three (3) working days following receipt of the recommendations of the CRB, the Vice President for Enrollment Management and Student Services shall render a final decision confirming, modifying or reversing the decision on appeal. If the appealed decision and imposed sanction is confirmed, any temporary suspension of the sanction, if any, shall terminate, and the actions shall proceed and be in full force and effect. If the decision or sanction under appeal be reversed, all records pertaining thereto shall be purged, and the student’s records cleared of any reference thereof. If the decision or sanction be modified, or confirmed, that decision shall be final and binding, unless such decision or sanction involves dismissal of the student from the College or denial or revocation of a previously granted College honor, degree or certificate, in which case the recommendation of the CRB and the decision of the Vice President for Enrollment Management and Student Services shall be referred to the President of the College for final review and determination.
All recommendations of the CRB and all decisions of the Vice President for Enrollment Management and Student Services involving dismissal of a student from the College or denial or revocation of a previously granted College honor, degree or certificate shall be finally and exclusively decided by the College President, without any further appeal.

Section V: Available Sanctions for Violation of the Code of Conduct

In the event any violation of the Code of Conduct is established, any of the following sanctions or combination of sanctions can be imposed:

Official reprimands and warning letters may be imposed outlining the consequences if the behavior continues.
Restrictions or revocation of activies or privileges may be imposed, including social probation by which students are prohibited from attending non-academic functions sponsored by the College or the Student Government Association. Social probation may be given for academic or disciplinary reasons, and shall be made for a specific time period. Mandatory workshops for anger management, alcohol or drug-related control may also be imposed. Additional and/or more severe sanctions may be imposed for non-compliance or for the occurence of additional Code violations during the probationary period.
Restitution may be imposed, which may include requiring payment for damages caused by the offender, and/or indirect payment through rendering service to the College.
Fines previously established and published may be imposed. Proceeds from fines levied will benefit the Ragusa Student Emergency Fund and/or the NCCC Foundation Scholarship Fund.
Loss of course credit may be imposed for academic offenses only. In such cases, no monetary refund of any College fees shall be allowed.
Denial or revocation of a College honor, degree or certificate may be imposed, particularly in cases where the charge pertains to falsification of records or academic offenses are of such nature that the absence of entitlement to the honor, degree or certificate is established. In such cases, the final decision is subject to final determination by the College President. In such cases, no monetary refund of any College fees shall be allowed.
Denial or revocation of membership and/or elected or appointed representative office in Organizations, Clubs or the Student GovernmentAssociation. Suchdenial or revocations shall proceed in accordance with the provisions set forth in the various Organizations, Club or Student Government Association constitution or charter. In such cases, the final decision is subject to final determination by the College President. In such cases, no monetary refund of any College fees shall be allowed.
Withdrawal from a course may be imposed, which sanction may be imposed for academic or non-academic charges. No monetary refund of any College fees shall be allowed.
Suspension from College may be imposed. This sanction means that the student is not allowed to participate in any College activity in any form, including classes, for a specified length of time. No monetary refund of any College fees shall be allowed.
Dismissal from College may be imposed. This sanction means that the student is prohibited from taking part in any college activity. No monetary refund of any College fees shall be allowed. In such case the final decision is subject to final determination by the College President.

Section VI: Appeals of Sanctions (Of Dismissal or Denial or Revocation of College Honor Degree or Certificate to the President)

In those cases where a sanction recommendation is made for dismissal of a student from the College or denial or the revocation of a College honor, degree or certificate, the following final appeal process is available:

The student may appeal the Vice President's recommendation of dismissal or denial or revocation of a College honor, degree or certificate to the College President within ten (10) working days of receipt of the Vice President's decision. Such appeal shall be in writing and shall set forth a clear statement of why the student claims the recommendation of the Vice President should not be followed, stating all details and specifics constituting the grounds for the appeal.
The College President shall make a final decision of such appeal and notify the student of the President's decision in writing, with copies to the Vice President for Academic Affairs, the Vice President for Enrollment Management and Student Services, and the College Review Board. Notification will be made to the student within ten (10) working days of the receipt of the student's appeal.

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