3.9 Student Code of Conduct
Principles of Student Conduct at Bucks County Community College
- Integrity: Bucks students exemplify honesty, honor, and a respect for the truth in all of their dealings.
- Community: Bucks students build and enhance their community.
- Social Justice: Bucks students are just and equitable in their treatment of all members of the community and act to discourage, and/or intervene to prevent unjust and inequitable behaviors.
- Respect: Bucks students show positive regard for each other, for property, and for the community.
- Responsibility: Bucks students are given and accept a high level of responsibility for self, others, and the community.
Bucks County Community College students are responsible for knowing the information, policies, and procedures outlined in this document. Bucks County Community College reserves the right to make changes to this code as necessary and once those changes are posted online, they are in effect. Students are encouraged to check online [https://www.bucks.edu/policy/] for the updated versions of all policies and procedures.
SECTION 1: PHILOSOPHY
The Bucks County Community College (Bucks) community is committed to fostering a campus environment that is conducive to academic inquiry, a productive campus life, and thoughtful study and discourse. The student conduct program is committed to an educational and developmental process that balances the interests of individual students with the interests of the Bucks community.
Each member of the Bucks community bears responsibility for their conduct. When members of the community engage in a violation of the rules outlined below, this policy dictates the steps taken to remediate and address the violation.
The student conduct process at Bucks is not intended to punish students; rather, it exists to protect the safety of our campus community as well as addressing inappropriate and unwelcome student behavior in a meaningful way. Sanctions are intended to challenge students’ moral and ethical decision-making and to help them bring their behavior into accord with our community’s expectations. When a student is unable to conform their behavior to community expectations, the student conduct process may determine that the student should no longer share in the privilege of membership and participation in the Bucks community.
Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. The overarching goal of this conduct policy is fundamental fairness but does not include the same standard of proof as outlined in civil or criminal courts. The standard of proof is "more likely than not" which is also known as "preponderance of the evidence". This means that the side that wins is more likely than not to be correct, based on the evidence and the law. It does not mean that one side presented more evidence than the other. Bucks does not have a prescriptive standard for proof/evidence. Proof is based on the evidence presented and what the policy and, at times, the law states. Sanction(s) imposed will be proportionate to the severity of the violation. Past infractions, including those where sanctions are still in place, will also be considered during the sanctions phase of this policy.
SECTION 2: STUDENT CONDUCT AUTHORITY
The Vice President of Student Affairs is vested with the authority over student conduct by the President. The Vice President of Student Affairs appoints the Chief Judicial Affairs Officer to oversee and manage the student conduct process.
SECTION 3: JURISDICTION
Students at Bucks are provided a copy of the Code of Student Conduct (the Code) annually in the form of a link on the Bucks website. Hard copies of this policy are available upon request from the Office of Student Life. Students are responsible for reading and abiding by the provisions of the Code.
The Code and the student conduct process apply to the conduct of individual students and all college-affiliated student organizations.
Bucks retains conduct jurisdiction over misconduct that occurred prior to a student taking a leave of absence, withdrawing from the college, or graduating from the college. If sanctioned for misconduct, a hold may be placed on the student’s ability to re-enroll, obtain official transcripts, and/or graduate, and all sanctions must be satisfied prior to re-enrollment eligibility. The student who is alleged to have engaged in misconduct is guaranteed due process, specifically the right to respond to the allegations, to participate in the investigation, and to present their explanation (defense) to the allegations.
In the event of serious misconduct committed while still enrolled but reported after the accused student has graduated, the college may invoke these procedures and, should the former student be found responsible for serious academic misconduct, including other violations of the student code of conduct and/or the college’s Title IX policy, the college may revoke the student’s degree.
The Code applies to behaviors that take place on the campus, at college-sponsored events, and may also apply to off-campus conduct when that off-campus conduct affects a substantial college interest.
The Code may be applied to behavior conducted online, via e-mail, or in or through other electronic media. Examples of postings include but are not limited to: online postings, such as those found on blogs, web postings, chats, and social networking sites, that are in the public and private sphere. These postings can subject a student to allegations of conduct violations and a subsequent investigation, if evidence of policy violations is posted online and if there is appropriate jurisdiction. Bucks does not regularly search for this information but will take action if and when such information is brought to the attention of college officials, provided that the alleged conduct is not part of a student’s protected First Amendment rights to free expression. See also the college’s Guide for Responsible Use of Electronic Communication and Electronic Communications Policy
There is no time limit on reporting violations of the Code; however, the longer someone waits to report an offense, the harder it becomes for Bucks officials to obtain information and witness statements and to make determinations regarding alleged violations. Though anonymous complaints are permitted, doing so may limit the college’s ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Judicial Affairs Officer and/or to the Office of Security & Safety. Title IX allegations must be referred to the Title IX Coordinator. See Title IX policy. Employees designated as Officials with Authority are bound to report allegations of possible Title IX policy violations of which they become aware to Bucks’ Title IX Coordinator.
Bucks email is the college’s primary means of communication with students. Students are responsible for all communication delivered to their college email address.
SECTION 4: DEFINITIONS
- Student: For the purposes of student conduct, Bucks considers an individual to be a student upon issuance of a Bucks student identification number and thereafter, as long as the student has a continuing educational interest in the college. A continuing educational interest in the college for purposes of this policy is defined as currently admitted or registered in credit or non-credit college programs on a full or part-time basis, those participating in on- and off- campus College programs or a College-sponsored activity, or who participates in a college function (such as orientation, in anticipation of enrollment) or who was enrolled in the immediate previous term or is registered for a future term, including college employees so admitted, registered, or enrolled.
- Substantial College Interest: A substantial college interest includes any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of him/herself or others; and/or to the college community as a whole, any situation that significantly infringes upon the rights, property, or achievements of self or others at the College, or significantly breaches the peace, and/or causes social disorder at the College; and/or adversely affects ordinary college operations or operations or another member of the College Community.
- Substantial Disruption: A substantial disruption is defined as a disruption that causes, creates, or contributes to a dangerous college environment or otherwise threatens the health or safety of a student or students at the college. Substantial disruption is also defined as a disruption that significantly infringes upon the rights, property, or achievements of self or others at the College, or significantly breaches the peace, and/or causes social disorder at the College; and/or adversely affects ordinary college operations or operations or another member of the College Community.
- Preponderance of Evidence: The standard of proof is "more likely than not" which is also known as "preponderance of the evidence". This means that the side that wins is more likely than not to be correct, based on the evidence and the law. It does not mean that one side presented more evidence than the other. Bucks does not have a prescriptive standard for proof/evidence. Proof is based on the evidence presented and what the policy and, at times, the law states.
SECTION 5: VIOLATIONS OF THE LAW
Alleged violations of federal, state, and local laws may also constitute conduct that violates this Code. If conduct occurs which is alleged to violate this Code and is within Bucks jurisdiction, the college conduct process may proceed, notwithstanding any criminal complaint that may arise from the same incident.
Determinations made or sanctions imposed under this Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
Students accused of crimes may choose but are not required to take a leave of absence from Bucks until the criminal charges are resolved. In such situations, college policies regarding withdrawals and leaves of absence must be followed.
SECTION 6: THE RULES
In order to provide the maximum opportunity for learning, and to support the mutual respect necessary within the teaching/learning environment, all Bucks County Community College (Bucks) students are expected to:
- Abide by the college’s Guide for Responsible Use of Electronic Communication and Electronic Communications Policy and not abuse the privileges of access to electronic information and communication;
- Adhere to classroom policies set by their instructors in the syllabus;
- Adhere to the college’s Academic Integrity Policy;
- Abide by college policies related to children on campus;
- Refrain from tobacco, electronic cigarette (“e-cigarette”), and vaping per the Tobacco and Vape-Free Policy . and
- Abide by all college policies.
In addition, Bucks considers the behavior described in the following sub-sections as inappropriate for the college community. Bucks encourages bystanders to report to college officials all incidents that involve the following actions. Any student found in violation of this policy is subject to the sanctions outlined in this policy. These expectations and rules apply to all students and are not meant to be exhaustive.
Integrity: Bucks students exemplify honesty, honor, and respect for the truth in all of their dealings. Behavior that violates this value includes, but is not limited to:
- Falsification. Knowingly furnishing or possessing false, falsified, or forged materials, documents, accounts, records, identification (e.g., misrepresentation of proper identification in the transaction of college business and dealings with college officials and representatives), or financial instruments.
- Academic Dishonesty.Acts of academic dishonesty (e.g., plagiarism or academic cheating) as outlined in the Academic Integrity Policy.
- Unauthorized Access.Unauthorized access to any college building or unauthorized possession, duplication, or use of means of access to any college building (e.g., keys, cards, etc.) or failing to timely report a lost Bucks identification card or key.
- Collusion.Action or inaction with another or others to violate the Code.
- Trust.Violations of positions of trust within the community. Violations of trust include, but are not limited to students who are involved in student government or hold student club leadership positions.
- Election Tampering.Tampering with the election of any college-recognized student organization (minor election code violations are addressed by the SGA).
- Taking of Property. Intentional and unauthorized taking of college property or the personal property of another, including goods, services, and other valuables.
- Stolen Property.Knowingly taking or maintaining possession of stolen property.
Community: Bucks students build and enhance their community. Behavior that violates this value includes, but is not limited to:
- Disruptive Behavior. Substantial disruption of college operations, including obstruction of teaching, research, administration, other college-sponsored activities, and/or other authorized non-college activities which occur on campus. Disruptive behavior is determined on a case-by-case basis by the conduct administrator.
- Rioting. Causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others, or causes physical harm to others or damage and/or destruction of property.
- Unauthorized Entry. Misuse of access privileges to college premises or unauthorized entry to or use of buildings, including trespassing, propping, or unauthorized use of alarmed doors for entry into or exit from a college building.
- Trademark. Unauthorized use (including misuse) of Bucks or organizational names and images.
- Damage and Destruction. Intentional, reckless, and/or unauthorized damage to or destruction of college property or the personal property of another.
- IT and Responsible Use. Violating the Bucks Guide to Responsible Use of Electronic Communication, found online at https://www.bucks.edu/academics/learn/responsible-use/.
- Illegal Gambling. Gambling as prohibited by the laws of the Commonwealth of Pennsylvania.
- Weapons. Possession, unauthorized use, or distribution of explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons and pellet guns), or other weapons or dangerous objects such as arrows, axes, machetes, nunchucks, throwing stars, or knives, including the storage of any item that falls within the category of a weapon in a vehicle parked on Bucks property. See also the College policy regarding Weapons on Campus.
- Tobacco. Smoking, tobacco use, use of electronic cigarettes (“e-cigarettes”)and/or vaping devices are prohibited. See Tobacco Free Campus Policy.
- Drunken, Controlled Substance, and/or Disorderly Conduct. Drunk and/or disorderly conduct on campus or at a college-sponsored off-campus event. See Drug and Alcohol Policy.
- Fire Safety. Violation of local, state, federal or campus fire policies including, but not limited to:
- Intentionally or recklessly causing a fire which damages Bucks or personal property, or which causes injury;
- Failure to evacuate a Bucks-controlled building during a fire alarm;
- Improper use of Bucks fire safety equipment; or
- Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on Bucks property. Such action may result in a local fine in addition to college sanctions.
- Ineligible Pledging or Association. Pledging or associating with a student organization without having met eligibility requirements established by the college.
- Animals. Animals, with the exception of animals that provide assistance (e.g., service animals), are not permitted on campus except as permitted by law. See Service Animals policy.
- Wheeled Devices. Skateboards, roller blades, roller skates, bicycles, and similar wheeled devices are not permitted inside Bucks buildings or on tennis courts. Additionally, skateboards and other wheeled items may not be ridden on railings, curbs, benches, or any such fixtures that may be damaged by these activities, and individuals may be liable for damage to Bucks property caused by these activities. Wheeled devices such as electronic and manual wheelchairs, power-operated vehicles/scooters, or electric scooters used by students, staff or visitors as accommodations for disabilities are permitted on campus and in buildings.
Social Justice: Students recognize that respecting the dignity of every person is essential for creating and sustaining a flourishing college community. They understand and appreciate how their decisions and actions impact others and are just and equitable in their treatment of all members of the community. They act to discourage and challenge those whose actions may be harmful to and/or diminish the worth of others. Conduct that violates this value includes, but is not limited to:
- Discrimination. Any act or failure to act that is based upon an individual or group’s actual or perceived status (sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, or sexual orientation, gender identity or LGBTQIA+ identity, or other protected status) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the college’s educational program or activities. Behavior that meets the definition of sexual harassment or discrimination under the Title IX 2020 Regulations will be handled through the Title IX sexual misconduct policy and not through this policy. See also Americans with Disabilities Act (ADA) policy.
- Harassment. Matters pertaining to sexual harassment/misconduct that do not meet the definition of sexual harassment as outlined in the Title IX policy or otherwise do not meet the definition of an educational program or activity and do not occur against a person within the United States will be formally dismissed and referred by the Title IX Coordinator to the College’s respective Judicial Affairs Officer for investigation and adjudication under the Student Conduct Code. For purposes of this policy, Harassment means Any unwelcome conduct based on actual or perceived status including: sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation, gender identity or LGBTQIA+ identity, or other protected status that Such conduct has the purpose or effect of substantially interfering with an individual’s academic performance and/or within the campus community.
- Hostile Environment. Sanctions can and will be imposed for the creation of a hostile environment only when harassment is sufficiently severe, pervasive (or persistent) or objectively offensive that it unreasonably interferes with, limits or denies the ability to participate in or benefit from the college’s educational or employment program or activities.
Behavior that meets the definition of Title IX sexual harassment or discrimination and meets the Title IX regulation's jurisdictional requirements, will be handled through the Title IX sexual misconduct policy and not through this policy.
- Retaliation. Any adverse action taken by an individual (either directly or through a proxy), absent legitimate nondiscriminatory purposes, against a participant in a civil rights grievance or when engaged in a protected activity under this Code.
- Failure to Report.
- Complicity with or failure of any student to report observed conduct or conduct reported to them that may violate the Code or any other Bucks policy; or a failure to address known violations of the Code or law; or
- Complicity with or failure of any organized group to report observed conduct or conduct reported to them that may violate the Code or any other Bucks policy.
- Abuse of Conduct Process. Abuse or interference with, or failure to comply in, college processes including conduct and academic integrity, including, but not limited to:
- Falsification, distortion, or misrepresentation of information;
- Failure to provide, destroying, or concealing information during an investigation of an alleged policy violation;
- Attempting to discourage an individual’s proper participation in, or use of, the college conduct system;
- Harassment (verbal or physical) and/or intimidation of a member of a college conduct body prior to, during, and/or following a college conduct proceeding;
- Failure to comply with the sanction(s) imposed by the college conduct system;
- Influencing, or attempting to influence, another person to commit an abuse of the college conduct system.
- engaging in retaliation against someone who is participating in a protected activity, such as seeking redress for alleged violations of Bucks policy or acting as a witness in such process.
Respect: Bucks students show positive regard for each other and for the community. Behavior that violates this value includes, but is not limited to:
- Harm to Persons.
Intentionally or recklessly causing physical harm or endangering the health or safety of any person. - Threatening Behaviors:
- Threat. Written or verbal conduct (either directly or through a proxy) that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
- Intimidation. Implied threats or acts (either directly or through a proxy) that cause a reasonable fear of harm in another.
- Disruptive Behavior in Classroom. Behaviors that impact an instructor’s ability to conduct a class session, either in-person or online.
- Bullying and Cyberbullying. Repeated and/or severe aggressive behaviors that (either directly or through a proxy) intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.
- Assault. Assault upon another person or the threat thereof while on campus or at a college-sponsored off-campus event.
- Hazing An act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent and/or failing to discourage and/or failing to report those acts may also violate this policy. See the Bucks Anti-Hazing Policy for more information.
- Intimate Partner/Relationship Violence. Violence or abuse by a student in an intimate relationship with another person. The Code will address conduct not addressed by the Title IX Sexual Misconduct policy.
- Stalking. A course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear. The Code will address conduct not addressed by the Title IX Sexual Misconduct policy.
- Sexual Misconduct Includes, but is not limited to, sexual harassment, non- consensual sexual contact, non-consensual sexual intercourse, and/or sexual exploitation. The Code will address conduct not addressed by the Title IX Sexual Misconduct policy.
- Public Exposure. Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.
Responsibility: Bucks students are given and accept a high level of responsibility to self, to others, and to the community. Behavior that violates this value includes, but is not limited to:
- Alcohol. Use, possession, sale, or distribution of alcoholic beverages or paraphernalia except as expressly permitted by law or where Bucks has expressly authorized the conduct.
- Drugs. Use, possession, sale, or distribution of illegal drugs and other controlled substances or drug paraphernalia except as expressly permitted by law.
- Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications.
- Failure to Comply. Failure to comply with the reasonable directives of Bucks officials or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so (e.g., failure to provide proper identification when requested by a college official).
- Failure to Respond. Failure to respond to official correspondence and/or communications from the college.
- Other Policies. Violating other published Bucks policies or rules.
- Health and Safety. Creation of health and/or safety hazards (dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.).
- Violations of Law. Evidence of violation of local, state, or federal laws, when substantiated through the college’s conduct process.
SECTION 7: THE STUDENT CONDUCT PROCESS
STEP ONE: Preliminary Inquiry
The college will begin the investigation process by conducting a preliminary inquiry into the nature of the incident and the allegations being made. The preliminary inquiry will be conducted by the Chief Judicial Affairs Officer or assigned to a Judicial Affairs Officer or designee. The preliminary inquiry may lead to:
- A determination that there is insufficient evidence to pursue the investigation, because the behavior alleged, even if proven, would not violate the Code (e.g., for reasons such as mistaken identity or allegations of behavior that falls outside the Code); or
- A more comprehensive investigation, when it is clear more information must be gathered.
STEP TWO: Investigation
If, at the end of the preliminary inquiry, an investigation is warranted, the Chief Judicial Affairs Officer, Judicial Affairs Officer or designee, will investigate the matter. Within seventy-two (72) hours, a written Notice of Allegations letter will be issued, and the investigation will begin.
The determination to either dismiss the complaint or open a more comprehensive investigation shall be communicated to the Complainant in writing; the JAO or designee shall maintain a copy of this written determination.
Notice of Allegations and Investigation
- The Notice of Allegations letter sent to the Respondent will also be sent to the Complainant. The Notice of Allegation should specify that the investigation will be done to determine, under the preponderance of the evidence standard, if a violation of the policy has taken place. The Notice of Allegations should outline the particulars of the complaint, the presumption of innocence, an outline of the Respondent’s due process rights, and the contact information for the investigators.
- Investigations will be conducted in a fair and impartial manner. Respondents are treated with a presumption of innocence until such time as it has been adjudicated that a violation of the Student Conduct Code has taken place.
- If during the investigation additional allegations are presented or if allegations outlined in the original Notice of Allegations have been retracted, the Respondent must receive an amended Notice of Allegations and shall be allowed to address the new allegations.
The Investigation Process
- At the beginning of the investigation interview, the investigators will review with the party being interviewed:
- the Student Conduct Code,
- the investigation process,
- how determinations are made,
- possible sanction/s,
- the prohibition against retaliation,
- and appeal options.
- Students are expected to comply with requests and directives issued by the investigators performing duties connected to an investigation. Should a student choose to not participate in the conduct process, the investigator will proceed with the investigation and make determinations without gaining input from the non-participating student.
- After the Respondent's initial interview, the Respondent will be given up to five (5) days to reflect upon and respond to the allegations(s) in writing. Any written response should be delivered to the investigators within the five (5) day reflection and response time period. Likewise, all other interviewees (including the Complainant) will be given up to five (5) days to reflect upon and respond to the information presented and outlined during the investigative interview. Any written response provided by the Complainant or an interviewee should be delivered to the investigators within the five (5) day reflection and response time period.
- A student can have an advisor present in all conduct proceedings, but the advisor cannot speak on the student’s behalf.
- Involved parties can identify witnesses who have information relevant to the investigation. These witnesses will be contacted by the investigators who will assess the relevance of the witnesses and conduct interviews, as appropriate.
- Complainants and Respondents will be notified in writing when an investigation has concluded and the investigative report has been completed, which will encompass all information except for a final determination.
STEP THREE: Determinations
- The investigators will determine whether it is more likely than not that a student and/or student organization violated the Student Conduct Code and will submit a written investigative report to the Judicial Affairs Officer or designee.
- The Judicial Affairs Officer or designee will consider any mitigating or aggravating factors and determine the appropriate sanctions.
- Within five (5) business days of the determination being made, the Judicial Affairs Officer or designee] will provide the Complainant and Respondent a written determination. The written determination will indicate whether or not the charge(s) was substantiated and, if the charge(s) was/were substantiated, will outline the remedial action(s) taken, including sanctions if applicable, to be issued by the college. The determination letter will outline the investigation and the determination made regarding the allegations outlined in the complaint, as well as state any issued sanction/s based on a finding of responsibility.
- The parties will be informed of the right to appeal the determination and will be given instructions on how to do so in the decision letter.
STEP FOUR: Appeals
I. Filing An Appeal
- The appealing party must submit a written appeal request to the Vice President of Student Affairs, no later than five (5) days from the date of the written determination.
- If no appeal is filed within the five (5) day window, the determination regarding responsibility for a violation under this policy and sanctions is closed and final.
- Pending the filing of a timely appeal request, the decision by the Vice President of Student Affairs, will delay the effective date of the disciplinary sanction.
- The grounds for an appeal are restricted to the following:
- Procedural irregularity that affected the outcome of the matter, and
- New evidence that was not reasonably available at the time determinations regarding responsibility or was made, that could affect the outcome of the matter.
- The Vice President of Student Affairs will notify the involved parties of a decision regarding the appeal within five (5) days of receiving the appeal request. Both parties to the original investigation will be notified of the appeal decision.
- If the appeal is denied, the original decision and sanction(s) shall be considered final and binding upon all concerned.
- If the appeal is granted, the rationale for the decision will be outlined in the decision letter as will the next steps in the process.
- The appellate body has discretion upon granting an appeal to refer the matter back to the investigators for re-consideration or alter the sanction/s only (including issuing more severe sanctions).
II. Conflict Resolution Options
The Judicial Affairs Officer has the discretion to refer a complaint for mediation or other forms of appropriate conflict resolution. All parties must agree to conflict resolution and to be bound by the decision with no review/appeal. Any unsuccessful conflict resolution can be forwarded for formal processing under this policy; however, at no time will complaints of physical sexual misconduct or violence (not addressed through the Title IX process) be mediated as the sole institutional response. The Judicial Affairs Officer may also suggest that complaints that do not involve a violation of the Code be referred for mediation or other appropriate conflict resolution.
III. Group Violations
A student group or organization and its officers and membership may be held collectively and individually responsible when violations of this code by the organization or its member(s):
- Take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or tacit;
- Have received the consent or encouragement of the organization or of the organization’s leaders or officers; or
- Were known or should have been known to the membership or its officers.
Student groups or organizations follow the same general student conduct procedures. In any such action, individual determinations as to responsibility will be made and sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization.
IV. Amnesty
- For Victims Bucks provides amnesty to victims who may be hesitant to report to college officials because they fear that they themselves may be accused of policy violations, such as underage drinking, at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result. Determination regarding Amnesty will be made by the Judicial Affairs Officer.
- For Those Who Offer Assistance To encourage students to offer help and assistance to others, Bucks pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Judicial Affairs Officer, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.
- For Those Who Report Serious Violations Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the college are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result. Determination regarding Amnesty will be made by the Judicial Affairs Officer. Abuse of amnesty requests can result in a decision by the Judicial Affairs Officer not to repeatedly extend amnesty to the same person.
V. Conduct Sanctions
One or more of the following sanctions may be imposed upon any student for any single violation of the Code:
- Warning: An official written notice that the student has violated Bucks policies and/or rules and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at Bucks.
- Restitution: Compensation for damage caused to the college or any person’s property. This could also include situations such as failure to return a reserved space to proper condition – labor costs and expenses. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.
- Community or College Service Requirements: For a student or organization to complete a specific supervised community or college service.
- Confiscation of Prohibited Property: Items whose presence is in violation of Bucks policy will be confiscated and will become the property of the college. Prohibited items may be returned to the owner at the discretion of the Judicial Affairs Officer and/or the Office of Security & Safety.
- Behavioral Requirement: This includes required activities including, but not limited to, seeking academic counseling or substance abuse screening, writing a letter of apology, etc.
- Educational Program: Requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student or organization was found responsible. Audience may be restricted.
- College Probation: The student is put on official notice that, should further violations of Bucks policies occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed.
- Loss of Privileges and/or Eligibility Restriction: The student will be denied specified privileges for a designated period of time. The student may also be deemed “not in good standing” with the college for a specified period of time. Specific limitations or exceptions may be granted by the judicial affairs officer and terms of this conduct sanction may include, but are not limited to, the following:
- Ineligibility to hold any office in any student organization recognized by the college or hold an elected or appointed office at the college; or
- Ineligibility to represent Bucks to anyone outside the college community in any way including: participating in study abroad programs, attending conferences, or representing the college at an official function, event, or intercollegiate competition as a player, manager or student coach, etc.
- College Suspension: Separation from the college for a specified minimum period of time, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the judicial affairs officer. During the suspension period, the student is banned from Bucks property, functions, events, and activities without prior written approval from the judicial affairs officer. This sanction may be enforced with a trespass action as necessary. This sanction may be noted as a Conduct Suspension on the student’s official academic transcript and will be indicated in the student’s official disciplinary file.
- College Expulsion: Permanent separation from the college. The student is banned from Bucks property and the student’s presence at any college-sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary. This sanction will be noted as a Conduct Expulsion on the student’s official academic transcript and their official disciplinary file.
- Other Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the judicial affairs officer or designee. Examples of such other appropriate sanctions include, but are not limited to:
- Written letters of reprimand;
- Restrictions upon participation in specified college activities;
- Requirement of formal apologies; or
- Removal from a specific course/class.
VI. Parental Notification
Bucks reserves the right to notify the parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. Bucks may also notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and/or other drug violations. Parental notification may also be utilized discretionarily by administrators when permitted by FERPA or consent of the student.
VII. Notifications of Outcomes
The outcome of a conduct investigation is part of the education record of the responding student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or non-forcible sex offense, Bucks will inform the alleged victim/party bringing the complaint in writing of the final results of a hearing regardless of whether the college concludes that a violation was committed. Such release of information may only include the alleged student’s/responding student’s name, the violation committed, and the sanctions assigned (if applicable). In cases of sexual misconduct and other offenses covered by Title IX, only, the rationale for the outcome will also be shared with all parties to the complaint in addition to the finding and sanction(s).
In cases where Bucks determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” or non-forcible sex offense, the college may also release the above information publicly and/or to any third party. The Clery Act defines “crimes of violence” to include:
- Criminal Homicide
- Murder & Non negligent manslaughter
- Negligent manslaughter
- Sex Offenses
- forcible
- non-forcible
- Robbery
- Aggravated Assault
- Burglary, where:
- There is evidence of unlawful entry (trespass), which may be either forcible or not involve force.
- Unlawful entry must be a structure- having four walls, a roof, and a door
- There is evidence that the entry was made in order to commit a felony or theft.
- Motor Vehicle Theft
- Arson
VIII. Failure to Complete Conduct Sanctions
All students, as members of the Bucks community, are expected to comply with conduct sanctions within the timeframe specified by the Judicial Affairs Officer. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions and/or suspension or expulsion from the college. In such situations, students will be required to vacate Bucks property within 24 hours of notification by the Chief Judicial Affairs Officer, Judicial Affairs Officer, or other College Administrator/Staff though this deadline may be extended at the discretion of the Judicial Affairs Officer. A suspension will only be lifted when compliance with conduct sanctions is satisfactorily achieved. This determination will be made by the Judicial Affairs Officer. If a student is expelled, they can no longer attend Bucks County Community College.
IX. Disciplinary Records
All conduct records are maintained by the College indefinitely.
X. Interpretation and Revision
This policy will be updated annually, if needed, under the direction of the Judicial Affairs Officer with a comprehensive revision process being conducted every five (5) years.
XI. Interpretation and Revision
This policy was approved by the Student Affairs Committee on September 12, 2024, and forwarded to Advisory Council for approval. It was implemented on [date].