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Section 1
This document shall be known as the Statement of Student Rights and Responsibilities (and conduct) for National Park College. It is designed to help foster and preserve a free, enlightened, just, and academic community. National Park College shall recognize, and guarantee, the rights of students.
Term Definitions
Section 2
When used in this statement:
The terms “College” or “institution” mean National Park College and, collectively, those responsible for its control and operation.
The term “student” includes all persons taking courses at the institution including full-time, part-time, community service, and off-campus.
The term “instructor” means any person hired by the institution to conduct classroom activities. In certain situations a person may be both “student” and “instructor.” His status in a particular situation shall be determined by surrounding facts.
The term “legal compulsion” means a judicial or legislative order, which requires some action by the person to whom it is directed.
The term “organization” means a number of students who have complied with the formal requirements for becoming an organization.
The term “group” means a number of students who have not complied with the requirements for becoming an organization.
The term “shall” is used in the imperative sense.
The term “may” is used in the permissive sense.
The term “disruptive to College” means limiting or denying ingress from College owned or controlled buildings or facilities; causing or threatening harm to the security and well-being of members or guests of the College community; damage to the property of the College or individual members of the College community; disrupting classes or recognized College functions or gatherings or impeding the flow of vehicular or pedestrian traffic.
The term “confidential” shall mean information communicated in confidence or entrusted to the confidence of the institution or personnel of the institution and shall be limited by the following principles. Information will not be confidential when:
1. It is already public knowledge.
2. The information is harmless.
3. Secrecy may result in injury to an innocent third party or the individual involved.
College Commitments and Access to Higher Education
Section 3
The College shall be open to all applicants who are qualified according to its admission requirements, including the payment of established fees. Under no circumstances shall an applicant be denied admission because of race, sex, religion, national origin, or disability.
Classroom Expression
Section 4
Expressions of views and freedom of discussion should be encouraged and protected. The instructor has the responsibility and authority to maintain order and appropriate academic environment, but his/her authority must not be used to suppress the expression of views related to the subject which are contrary to his/her own. Students are responsible for learning the content of any course for which they are enrolled. Requirements of participation in classroom discussion and submission of written exercises are not inconsistent with this section.
Section 5
Academic evaluation by instructors of student performance shall be neither prejudicial nor capricious.
Section 6
Information about student views, beliefs, and associations acquired by College personnel in the course of their work is confidential and shall not be disclosed to persons other than College officials acting in an official capacity, except with the consent, either expressed or implied, of the student or under legal compulsion.
Campus Commitments and Organizations
Section 7
Discussion and expression of all views are permitted with the College subject only to requirements for maintenance of order. Support of any cause by orderly means, which does not disrupt the operation of the College, is permitted.
Section 8
Students shall have the right to freely and peaceably assemble so long as such gatherings do not disrupt other College operations.
Section 9
Every student has the right to be interviewed on campus by any recognized, lawful or approved agency desiring to recruit at the College. Any student group or organization may protest against any other organization, provided that such protest is not disruptive to College operations or to personnel recruiting on campus.
Section 10
The President of the College may authorize recognized organizations to invite and hear any person of their choice. The College may require that the activity be registered at least forty-eight hours in advance. Such registration may include the name of the speaker and time and location of the activity.
Section 11
Organizations may be established within the College for any lawful purpose upon submission of a constitution to the Vice President for Student Affairs. The constitution must be approved by the President and the Vice President for Student Affairs. Affiliation with an extramural organization shall not in itself disqualify the College branch or chapter from College recognition.
Section 12
Organizational membership lists are confidential and solely for the use of the organizations, except where such lists may be required by College academic requirements as a condition of access to College funds or by the use of the Vice President for Student Affairs.
Section 13
Campus facilities or campus-supervised facilities may be assigned to recognize or approved student groups or organizations for business meetings or for social programs open to the public, subject to availability. At the time of application for the use of a campus facility, the intended purpose of the meeting shall be stated to the assigning official.
The College will delegate the assignment function to administrative officials. Physical abuse of assigned facilities shall result in reasonable limitations on future allocations of space to offending parties, as well as restitution for damage.
Section 14
No individual, group or organization may use the College name without the express authorization of the College, except to identify the College affiliation. College approval or disapproval of any policy may not be stated or implied by an individual, group or organization.
Section 15
A student, group or organization may publish and distribute written material on campus without prior approval if such distribution and the content of the material are not disruptive to College operations.
College Government
Section 16
On questions of College policy, students are entitled to a participatory function. Students shall be designated by appropriate student organizations as members of standing and special committees concerned with curriculum, discipline and all other matters of direct student concern.
Section 17
The administration should not institute separate proceedings against a student who violates misdemeanors, whether municipal ordinance or state or federal statute, when violation occurs off campus and is unrelated to College-sponsored activities. Separate disciplinary proceedings by the College are proper in any circumstance involving:
• Off-campus activities sponsored or supervised by the institution.
• Official functions of College-chartered organizations on or off campus. Incidents involving the use of the name National Park College in any deceptive or fraudulent manner.
Off‐Campus Conduct
Section 18
If a student violates any municipal ordinance, law of the State of Arkansas, or law of the United States by any offense, committed off the campus and which is not associated with a College-connected activity, the disciplinary authority of the College will not be used merely to duplicate the penalty awarded for such an act under applicable ordinances and laws. The College will take disciplinary action against a student for such an off-campus offense only when it is required by law to do so or when the nature of the offense is such that, in the judgment of the Vice President for Student Affairs that:
- the continued presence of the student or campus is likely to create interference with the educational process and the orderly operation of the College, or;
- the continued presence of the student on campus is likely to endanger the health, safety or welfare of the members of the College community or their property or that of the College, or;
- the offense committed by the student is of such a serious, heinous or repulsive nature, as to adversely affect the student’s suitability as a member of the academic community.
College Computing Resources
Section 19
The College has policies regarding the use of computers, computer labs, and the Computer Resource Center which students must follow to be permitted to use those facilities. The enforcement of procedural standards regarding those policies shall be under the provision of Section 31 of these Student Rights and Responsibilities. The conduct regarding computing which may result in other disciplinary action is identified in Section 30 #17. The statement in Section 30 #17 is applicable to all computing resources being used for NPC purposes regardless of location or ownership. There are federal and state laws relating to the use of computing and computer resources, which may be enforced, separate from and in addition to the policies of the College.
Student Records
Section 20
The privacy and confidentiality of all student records, supporting documents, and other student files shall be maintained by full or part-time employees of the College employed for that purpose. Separate files shall be maintained for the following: Official academic records; Primary (and secondary) records of disciplinary proceedings; Medical and psychiatric records; and, Financial aid records.
Section 21
No entry will be made on a student’s academic transcript (except for course grades, test scores, academic probation or suspension and degree[s] or certificates awarded) or in his disciplinary file without written notice to the student. Any student challenging the accuracy of an entry or the presence of any item on his academic or social record has the right to a hearing before the appropriate College Committee.
Section 22
Access to academic records is guaranteed every student, subject only to reasonable regulation as to time, place and supervision.
Section 23
No record (or records) may be kept in relation to any political or social views held by a student, except with the written consent of the student.
Section 24
Information in a student’s file is confidential and may be released only at the request of the student.
Section 25
Records on students will be preserved by the College unless the student requests that such records be destroyed upon graduation or when he/she permanently withdraws from the College.
The following records, however, will be maintained for all students:
• Academic transcripts
• Financial records of continuing obligations or where such records must be maintained for auditing purposes.
Sanctions
Section 26
Definitions:
- Admonition - an oral statement to a student that he/she is violating or has violated institution rules.
- Reprimand - written warning for violation of specified regulations, including the possibility of more severe disciplinary sanctions in the event of the findings of a violation of any institution regulation within a stated period of time.
- Restriction - of greater severity than reprimand. (This will be left up to the discretion of the Vice President for Student Affairs.)
- Disciplinary Probation - exclusion from participation in privileged or extracurricular institution activities as set forth in the notice for a period of time not to exceed one school year.
- Restitutions - reimbursements for damage to or misappropriation of property. This may take the form of appropriate service or other compensation.
- Suspension - exclusion from classes and other privileges or activities as set forth in the notice for a definite period of time not to exceed two years.
- Expulsion - termination of student status for an indefinite period. The condition of readmission, if any, shall be stated in the order of expulsion.
Section 27
If the College Disciplinary Committee decides that the student should be separated from the College, as defined in Section 26 (F) or 26 (G), it recommends such action to the President. Approval of the President is required for all actions of separation.
Section 28
College disciplinary probation will not be entered on the student’s official academic transcript in the Office of the Registrar.
Section 29
No sanction may be imposed for a violation of rules and regulations for which there is no actual or constructive notice. “Actual notice” is notice actually given to the party directly. “Constructive notice” is information or knowledge of a fact imputed by law to a person.
Prescribed Conduct
Section 30
Generally, College discipline shall be limited to conduct which adversely affects the College community’s pursuit of its educational objectives or which would jeopardize the health and safety of the College community.
Expulsion, suspension or less severe sanction from the College may result from any of the following conduct where it occurs on campus or in the areas or situations listed in Section 17 or 18.
- Academic cheating or plagiarism.
- (Pending Board Approval) Student display of behavior that is deemed a safety risk to himself/herself or others within the campus community.
- Furnishing false information to the College with intent to deceive.
- Forgery, alteration or misuse of College documents, records or identification cards.
- Assault and battery.
- Vandalism, malicious destruction, damage or misuse of public or private property, including library materials.
- Theft, embezzlement or temporary removal of the property from its assigned position.
- Failure to meet obligations related to the College.
- Rioting, inciting to riot, raiding, and inciting to raid College property.
- Illegal manufacture, sale, possession or use of narcotics, barbiturates, central nervous system stimulants, marijuana, sedatives, tranquilizers, hallucinogens, and/or other similar known drugs and/or chemicals.
- Possession of firearms, ammunition, explosives, fireworks, dangerous weapons, incendiary devices, or chemicals.
- Gambling.
- Two or more like offenses for which the penalty of disciplinary probation may be imposed.
- An additional offense committed while the student is on disciplinary probation.
- Possession or use of alcoholic beverages on College-owned or supervised property.
- Indecent or obscene conduct on College property or College-supervised property. This includes our conduct in cyberspace.
- Unauthorized solicitation in buildings or facilities owned or controlled by the institution.
- Abuse or misuse of computing resources to include any attempt to circumvent or compromise the security of any NPC computing resource, any unauthorized access to or tampering with any data files belonging to NPC or any other person or entity, any other similar misuse of or damage to NPC computing resources, or the use of NPC computing resources belonging to any other person or entity.
College disciplinary probation or any lesser penalty may result from the following conduct when it occurs on College-owned property, College-supervised property or in the areas or situations listed in Section 16 and 17:
- Intoxication or disorderly conduct.
- Failure to comply with official and proper regulations or order of a duly designated official acting within the scope of his/her authority, agency or agent.
Procedural Standards in Discipline Proceedings
Section 31
A student with a violation of Section 18 or 30 of this code shall have the right:
- To have a hearing before the College Disciplinary Committee.
- To be given notice in writing of the specific charge against him/her.
- To be given adequate time in which to answer or to prepare a defense to such charge.
- To appeal along or with any other person of his/her choice to advise him/her in a hearing before the Disciplinary Committee.
- To refuse to testify or to answer a question which would tend to incriminate him/her of a violation of this code.
- To be confronted with evidence against him/her.
- To present evidence in his/her own behalf.
- To question the evidence and witnesses appearing against him/her.
- To have a copy of the minutes provided at his/her own expense.
- To have penalties imposed that are commensurate with the violation charged.
Judicial Authority
Section 32
The College Disciplinary Committee and other appropriate judicial bodies in each instance consisting of an equal number of students and faculty may be formed to handle appeals from students relating to disciplinary actions taken.
Section 33
The College Disciplinary Committee and other judicial bodies may formulate procedural rules, which are not consistent with provisions of this Code.
Section 34
A student shall have the right to appeal any decision of the College Disciplinary Committee to the President.
Section 35
The charges may be disposed of informally by mutual consent of the student and the Vice President for Student Affairs without the initiation of disciplinary proceedings.
Section 36
There shall be no retroactive application of any adverse regulation (academic) or any charge in regulations governing student conduct (social).
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