Student Discipline Guide
Welcome The purpose of this guide is to serve as a resource for our faculty, staff, administration, BIT team, and ad hoc student discipline appeals hearing committee. Furthermore, to specify Lone Star College’s student disciplinary policies and Tomball’s accompanying best practices for classroom management, behavioral intervention, and complaint procedures.
Contents 4 Overview 5 Definitions and Terms 8 Concerning or Disruptive Behavior 11 Behavioral Intervention Team 14 BIT Process 18 Academic Misconduct 20 Nonacademic Misconduct 27 Title IX Policy 32 Maxient 34 Appendix 54 References
4 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Overview Many behaviors may cause concern for the safety and well-being of an individual or the campus (NRCC, 2018). It is our responsibility to ensure that our students know what is expected of them, and equally, our responsibility to protect them and ourselves from behaviors that disrupt the integrity of the college community (LACCD, 2022). However, we must first create a positive learning environment.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 5 Definitions and Terms This list does not contain every conceivable term defined throughout LSC Policy. Additional terms can be found in Appendices A & B or online at https://www. lonestar.edu/policy.htm Academic Dishonesty means engaging in acts intending to deceive an instructor or third party in assessing an individual’s academic mastery of an academic component, assignment, area, subject, course, class, or program. Academic Misconduct is any action or attempted action that may create an unfair academic advantage for oneself or an unfair academic advantage or disadvantage for any other members of the academic community. Adjudicated means a formal judgment on a disputed matter. Alleged Accused but not proven or convicted Appeal means to request in writing that the Executive Vice Chancellor review a decision of suspension or expulsion, stating why it should be modified or reversed. Chief Academic Officer is a college Vice-President to whom the College President gives primary responsibility for student discipline for academic misconduct. Chief Conduct Officer is a college Vice-President to whom the College President gives primary responsibility for student discipline for nonacademic misconduct. Chief Student Affairs Officer is the Vice President responsible for Student Affairs, Student Services, and Enrollment Management or his/her designee.
6 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Chief Student Services Officer is the Vice President or Dean of Student Development Services at the College who has overall management responsibility for student services or his/her designee. Complainant is any person making a complaint. Criminal Trespass Warning is a verbal or written communication by the real property owner or an apparently authorized actor instructing an individual to leave the property or forbidding the individual property entry. Discipline Committee is a panel appointed by each College to review suspensions and expulsions imposed by other colleges. Due process means a student’s procedural and substantive constitutional protections. Effective notice means a written notice served in person, emailed to a person’s College email address, or mailed to a person’s address. Expulsion means permanent exclusion from any or all College classes and activities. FERPA The Family Educational Rights and Privacy Act (“FERPA”) was established to protect the privacy rights of all students. FERPA prevents the release of nondirectory information held within education records. Maxient is a secure, web-based case management incident reporting system designed to help institutions address concerns promptly.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 7 Nonacademic Misconduct means violating the minimum standards of student conduct required to maintain safety, order, and integrity. Period of disruption means any period in which it reasonably appears that there is a threat of destruction to institutional property, injury to human life on the College or facility, or a threat of willful disruption of the orderly operation of the College or facility. Preponderance of Evidence is evidence that is of greater weight (51%) or more convincing than the evidence which is offered in opposition to it. Respondent is any person accused or organization alleged to be responsible for violating the Student Code of Conduct. Standard of Proof is the amount of evidence necessary to prove an assertion or claim. Sanction means a penalty against a student, including oral or written warning, probation, suspension, expulsion, or other proper penalties. Suspension means temporary exclusion from any or all College classes and activities. Witness One that has evidence.
Concerning or Disruptive Behavior
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 9 What is Concerning or Disruptive Behavior? Any behavior interfering with the College’s instructional, administrative, or service functions is considered disruptive. However, disruptive behavior should not be confused with the student’s right to express differing opinions and exercise fundamental academic freedoms (LACCD, 2022). • If the situation allows, attempt to resolve any student concerns by addressing them with the student before submitting a referral. • Document any concerning behaviors or situations as they occur. • Consult or communicate with your supervisor immediately if you encounter any concerning behavioral situations with students. Assessing disruptive or concerning behaviors can be highly subjective. If the behavior threatens the personal safety of students, faculty, or staff or is expressed with an emotional intensity that causes fear or concern, please call Campus Police at 5911 or (281) 290-5911; Emergencies 911.
10 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Examples of Concerning and Disruptive Behaviors While interacting with students across the College, staff may be confronted with situations in which a student displays disturbed or distressed behavior that may be intimidating or threatening to others. Behavioral Interventions are designed to assist them. The following is not an exhaustive list but provides examples of concerning behaviors or situations: • Unusual or abrupt changes in behaviors or patterns; • Extreme reaction to a loss or traumatic event; • Strained interpersonal relations, isolating behaviors, or low self-esteem; • Significant change in life circumstances such as loss of job or relationship. • Uncharacteristically poor performance, grooming, or affect; • Evidence of depression, hopelessness, or suicidal thoughts/plans; • References to harming others or planning a violent or destructive event; • Preoccupation with weapons, violent events, or persons who engage in violent acts; • Inappropriate responses such as prolonged irritability, angry outbursts, or intense reactions; • Following or stalking, in person or electronically.
Behavioral Intervention Team
12 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Behavioral Intervention Team Membership The Behavioral Intervention Team (BIT) is a campus-wide team of professionals responsible for identifying, assessing, and responding to severe concerns or disruptive behaviors using a proactive approach that balances the needs of the student who may be in crisis or threaten the overall safety of the campus community. A BIT has five primary functions for the College: 1. Provide consultation and support to faculty, staff, and administration in assisting students who display concerning or disturbed, distressed, or dysregulated behaviors; 2. Gather information to assess situations involving students who display the above-noted behaviors; 3. Analyze this information objectively using a rubric or set of standards; 4. Recommend appropriate intervention strategies or disciplinary sanctions; monitor the ongoing behavior of students who have displayed the abovenoted behaviors; and 5. Connect students with needed campus and community resources. Limited Membership is based on the position and not the individual. Core team members agree to serve for one academic year, including representation from Counseling, Campus Police, Student Affairs, Student Life, Student Development, and Faculty.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 13 Behavioral Incident Report Information Gathering The Behavioral Incident Report will provide a mechanism for responding to individual incidents and will reveal patterns of specific students’ disturbed, distressed, or dysregulated behaviors. It will also provide aggregate data on the nature and frequency of disruptions at Lone Star College. This report provides a standardized method for recording observations of troublesome behaviors and for alerting staff of potential concerns. The LSC Behavior Intervention Team will forward the Behavior Incident Report to the campus BIT administrator in a timely manner. Once the Behavioral Intervention Team (BIT) has received a Behavioral Incident Report, the BIT Chairperson will implement the assessment process (Sokolow, Lewis, Schuster, & Swinton, 2014). The most appropriate time to include the student in the process will be considered case by case. • In general, the BIT will gather preliminary information regarding the concern, and then a team member will interview the student as part of the initial assessment process if necessary. • The interview will allow the student to share their concerns about the situation and ask for assistance. Information obtained in this initial interview will help determine appropriate intervention strategies. Gather Data Rubric/Analysis Intervention
14 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Behavior Intervention Team Assessment Assessment Process While no single set of warning signs will reliably predict student behavior or campus violence, the assessment process looks for behavioral evidence that a student is planning or preparing to act out inappropriately or carry out any possible threat. • Assessment is designed to distinguish between threatening and nonthreatening cases to ensure the safety of the student of concern or any others potentially involved. Most importantly, to address and resolve concerns that initiated the inappropriate behavior. • Assessment also assists in identifying situations that may threaten others by creating a baseline of information to assess future behavior. It provides a means for implementing interventions to increase the likelihood of a positive and safe resolution. The process may include any of the following data-gathering procedures: • Interviews with all available parties with information about the situation • Interviews with the person alleged to have displayed inappropriate/ concerning behavior • Assessment by counselor/mental health professional • Interviews with any identified potential targets of inappropriate/concerning behavior • Contacting a student’s parents or family members • Review of student’s academic and disciplinary history • Legal/criminal background check • Implementation of the Threat Assessment Checklist and other threat assessment models appropriate to the situation.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 15 Levels of Risk Behavioral Intervention Plan Based on all data gathered, the BIT will utilize the NaBITA Risk Rubric (Appendix D) to determine the level of risk the behavior/situation poses to the student and others. • Low risk – There is no serious threat to the student of concern or others. At this level, individual concerns can generally be resolved by addressing the conflict or dispute between the parties involved. Counseling and follow-up support may be recommended. Generally, in this situation, the student can acknowledge the inappropriateness of the behavior and engage in behavior to make amends with the other party. These students may be experiencing mental health problems, but their conduct does not generally violate the College’s student code of conduct. • Moderate risk - At this level, there may be a threat to self or others that could be carried out, although there is no evidence that the student has taken preparatory steps. These students are generally experiencing mental health problems and displaying disruptive behaviors. • High risk – At this level, there appears to be an imminent danger to the safety of the student of concern or others. Specific steps have been taken to carry out a plan to harm. The overall goal of the Behavioral Intervention Plan (Appendix E) is to promote a safe college environment for all focused on student learning and development. By encouraging all campus community members to report concerning behaviors, the BIT will be able to intervene, provide support and connect students with resources that can assist them (LSCS, 2011).
16 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Intervention Strategies In most cases, a student displaying concerning behaviors is willing to work with the College and obtain the assistance necessary to complete their educational program. When a student is distressed, feeling that they have support for resolving the concern may serve as prevention and provide the opportunity for student learning. Based on the behavior displayed by the student and the assessment by the Behavior Intervention Team, the BIT may make any of the following recommendations for intervention. Some examples of interventions include: • Referral to college and community resources • Voluntary withdrawal from classes • Mandatory direct threat/safety assessment • Interim suspension • Involuntary withdrawal from classes • Criminal charges All recommendations are made in consultation with the appropriate college department or administrator, and the Chief Conduct or Student Services Officer will determine the final actions.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 17 Follow-up and Monitoring In addition to any specific intervention strategies described previously, the BIT will recommend a plan for follow-up monitoring of each student. Monitoring may include checking with faculty and staff regarding student behavior and periodic meetings between the student and an assigned counselor or BIT member. Feedback to Referring Individual When authorized under the Family Educational Rights Privacy Act (FERPA), the BIT may provide feedback to the referring individual to update them on actions taken and provide appropriate guidance. Record Keeping All BIT records will be stored in the office of the Chief Students Services Officer and will be maintained throughout the student’s enrollment at the College. How to Make a Referral When disruptive or otherwise unacceptable behavior occurs in a classroom, laboratory, library, college facility, or off-campus activity, the instructor, librarian, or college official may immediately require the student or students who are responsible for the disruption to leave the classroom, library, college facility, or off-campus activity (BCC, 2022) ( Virginia Tech, 2023). It is the student’s responsibility to contact the instructor, librarian, or college official before the next scheduled meeting. After discussing the problem with the student, the instructor, librarian, or college official must either permit the student to return or submit a formal written complaint against the student. https://www.lonestar.edu/student-complaints.htm Anyone can write a letter to the dean, department head, or director responsible for the area of complaint. Include in the letter an overview of the problem and the relief requested. If you are unsure of the most appropriate avenue for addressing a specific complaint, contact the Dean of Students Office at (281) 357-3737, South 102.
Academic Misconduct
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 19 Lone Star College upholds the academic core values of learning: honesty, respect, fairness, and accountability, especially when its students fall short of those expectations (LSCS, 2018). Academic Misconduct is any action or attempted action that may create an unfair academic advantage for oneself or an unfair academic advantage or disadvantage for any other members of the academic community (Berkeley, 2023). Academic misconduct can occur in many ways; however, this list does not contain every conceivable example. Some of these examples might qualify as academic misconduct (LSC, 2017): • Cheating or plagiarism, • Altering academic documents or transcripts, • Gaining access to materials before they are intended to be available • Collaborating with other students on testing, assignments, or clinical work without permission. • Destroying or vandalizing student or faculty course materials or records. • Selling or purchasing exams, papers, notes, or other assignments (whether ultimately used or not). The Academic Student Code of Conduct applies to all students enrolled in a credit or non-credit course at the College. It also applies to all online-only or hybrid students. Any Academic Code of Conduct violations subject students to academic discipline under Section V.E. Student Academic Responsibilities—including suspension and expulsion. When possible, members of the College community should try to resolve minor allegations of academic misconduct informally (LSC, 2017).
Non Academic Misconduct
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 21 The College shall maintain safety, order, and integrity by enforcing conduct standards, and the College shall respect each person’s dignity and rights throughout the discipline process (LSCS, 2016). Nonacademic Misconduct refers to conduct that violates policies and procedures not relating to academic performance but instead, student behavior, including but not limited to information contained in the Lone Star College Student Handbook, Students’ Responsibilities, Welfare, and Rights, Code of Conduct, and/ or the College website; also referred to as a “violation(s.)” (LSC, 2022) (LSCS, 2018) (Law Insider, 2022). Nonacademic Misconduct can occur in many different ways (LSCS, 2022, p. 203) (LSC, 2022); however, this list does not contain every conceivable example. Some of these examples might qualify as nonacademic misconduct: (a) Disrupting, obstructing, or interfering with College activities, access to college facilities, or college-sponsored activities. (b) Physically or psychologically abusing, threatening violence, making terroristic threats, stalking, or harassing the College’s members or visitors. This includes verbal and electronic threats. (c) Using, possessing, or storing any weapon, dangerous chemical, ammunition, or explosive element regardless of whether the possessor holds a federal, state, or other licenses. (d) Using a simulated weapon, explosive, or ammunition in an assault or battery. (e) Using electronic cigarettes, vaporizers, or battery-powered inhalation devices within College buildings. (f) Initiating or inducing a false report with the College. (g) Misusing or damaging fire safety equipment. Tampering, misusing, damaging, or playing with fire extinguishers, smoke detectors, exit lights, emergency lights, fire alarms or doors, or other similar equipment. (h) Engaging in prohibited computer use.
22 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE (i) Violating the terms of any disciplinary action. (j) Inducing or participating in hazing. (k) Violating any College policy, procedure, regulation, or rule. (l) Unlawfully possessing, using, selling, administering, or distributing alcoholic beverages, illegal or controlled substances, designer drugs, or drug paraphernalia. (m) Littering, damaging, defacing, removing,21, or destroying the College’s property without the College’s authority. (n) Gambling, raffling, or holding a lottery at the College without approval. (o) Violating any local, state, federal, or other applicable law. (p) Engaging in obscene, vulgar, lewd, or indecent conduct, expression, or sexual conduct on the College’s property. (q) Furnishing false information or willfully misrepresenting any fact to the College or the College’s community members acting in their official capacities. (r) Stealing or trying to steal the College’s property or services or those of any of its community members. (s) Causing false information to be presented before any College administrative proceeding or intentionally destroying evidence relevant to such a proceeding. (t) Failing to comply with the direction of College officials, including campus security officers acting in the performance of their duties. The Nonacademic Student Code of Conduct applies to all students enrolled in a credit or non-credit course at the College. It also applies to all online-only and hybrid students (LSC, 2022). The general provisions of student discipline for nonacademic misconduct are established in the LSCS Policy Manual Section VI.F. When possible, College community members should try to resolve minor allegations of nonacademic misconduct informally. Full policy and procedures for nonacademic misconduct can be found at LoneStar. edu/policy. NOTE: Section VI.F does not apply to matters addressed by Section IX.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 23 Any Lone Star College (LSC) Tomball community member may report information regarding an alleged incident of misconduct (LSC, 2022). Allegations of student misconduct should be brought to the Chief Student Services Officer’s attention; (preferably submitted electronically in the Maxient reporting system found online under Student Complaints or in a written report, describing with specificity the circumstances that gave rise to the allegation, along with any supporting information (Harvard, 2022) (LSC, 2022). The report must include the date, time, place, and describe the circumstances. • The Office of Student Success shall assume responsibility for the preliminary investigation of the incident, and the matter will be discussed with the alleged. • The Chief Student Services Officer or the Vice President of Student Success will decide whether to dismiss the matter without action or refer the case for a judicial hearing. • Note: If a referred case’s judgment merits some action but not a referral for a formal hearing, then the Chief Student Services Officer or Vice President of Student Success may hear the case and impose sanctions (Gordon, 2023). Preliminary Procedures
24 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE There are a variety of sanctions that may be invoked as disciplinary responses. They include fines, letters of contract, counseling and educational programs, disciplinary probation, community work hours, restriction of privileges, leaves of absence, and suspension. • Suspensions may be administered only by the Vice President of Student Success in disciplinary hearings. • Parents of dependent students will be notified that disciplinary sanctions have been assessed. Suspension typically follows continued violations of the College’s policies, compromises to personal integrity, disruptions to community life, and threats to the health and safety of others. Although the suspension is typically reserved for multiple infractions, it can be used after a first offense if the violation is considered particularly egregious or involves concerns over the health and safety of others. Suspension separates the student from the College for an entire academic semester or more. • Returning to the College after the suspension is conditional; a student’s readmission is at the discretion of the College. • Parents of dependent students are notified, and a record is kept in the student’s file. • No refunds are made. Expulsion is a permanent suspension and will only be used as a last resort. In some cases, a criminal trespass warning may be necessary. A criminal trespass warning (Appendix G) is a verbal or written communication by the real property owner or an apparently authorized actor instructing an individual to leave the property or forbidding the individual property entry. • A Criminal Trespass Warning is not the same as or part of a period of disruption, suspension, or expulsion. • An individual may receive a Class B misdemeanor criminal offense if they remain or enter the subject property violating a Criminal Trespass Warning. Disciplinary Sanctions
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 25 If a hearing is to be held, the alleged student shall be notified of the date, time, and place of the hearing by the Chief Conduct Officer or designee. • The College must prove nonacademic misconduct to the Discipline Committee by preponderance of the evidence. The evidence will be presented to the hearing officers verbally, in writing, or through witnesses at the hearing. • The Standard of Proof will be the Preponderance of the Evidence. This means that such evidence, when considered and compared with that opposed to it, has more than 51% likelihood, the belief that the alleged misconduct more likely occurred than not. • The hearing will be an informal give-and-take between the alleged student and those hearing the case. • Hearings shall be open only to the hearing officers, the alleged student, and the presenter or complainant. • Accused students shall have the right to confront and question their accusers during the hearing unless a legally recognized exception to this right applies. • Witnesses may be present only while giving testimony. His/her advisor may accompany the alleged, but the advisor may not question witnesses. If lawyers represent the alleged, the College will have General Counsel attend the hearing. • The hearing officers shall raise questions pertinent to the alleged incident, the alleged’s attitude, and their previous behavior. • The alleged student may question all witnesses. • After the hearing is concluded, the student shall be excused. The hearing officers shall then discuss the issues and reach a decision. • A simple majority will determine whether the preponderance of the evidence supports the allegation, and the Discipline Committee will issue a written majority decision either dismissing the matter or finding the student responsible for nonacademic misconduct. • Please refer to the following LSC Board policy regarding VI.E.1. Nonacademic Student Code of Conduct, and • VI.F. Student Discipline for Nonacademic Misconduct Hearing Procedures
26 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Chief Student Affairs (CSAO) or Student Service (CSSO) officers are responsible for administering disciplinary procedures at Lone Star College campuses, off-site classes, online classes, email communications, and D2L posts, except in cases relating to Title IX or involving possible Title IX violations. • Please see the Title IX policy for additional information • Once allegations have been referred to the campus CSAO or CSSO, the student may attend the class, laboratory, library, or specified campus facilities pending the campus judicial review of the allegation (BCC, 2022). Suppose the student’s presence in the class, laboratory, library, or specified campus facilities may infringe on the rights of others or pose a threat to the welfare of other students and the instructor. • In that case, the CSSO, Vice President of Student Success (VPSS), or Vice President of Instruction (VPI) may prohibit the student from returning to the class, laboratory, library, or specified campus facilities until the allegations have been adjudicated. Student Affairs Procedures
Title IX Policy
28 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Title IX is legislation that helps protect individuals from Sexual Harassment, Assault, Violence, and Discrimination The College strives to maintain an educational environment compliant with all applicable anti-discrimination laws, including all laws outlawing discrimination arising from: sexual harassment, sexual violence, race, color, sex, age, sexual orientation, religion, ethnic or national origin, disability, veteran status, or any other protected status (LSC, 2022). • Unlawful academic discrimination by officers, managers, faculty, supervisors, employees, students, advisors, vendors, clients, or contractors will not be tolerated. • Retaliating against anyone who complains about discrimination as defined in this policy is also unlawful. Moreover, retaliating against anyone for cooperating in an investigation initiated to discover any of the prohibited conduct identified in the prior paragraph, whether internal or external, is also unlawful and contrary to the College’s policies. If you see or hear something, say something… If this is an emergency, and you are on campus, call the LSC Police Department at 281.290.5911 or dial 5911 from any campus phone (832.813.0712 TDD/TTY). If you are off campus, call 911 for immediate assistance.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 29 Contact Information Karen Miner, Title IX Coordinator [email protected] 832.813.6614 Submit a Sexual Misconduct Complaint via LSC Incident Reporting System. Lone Star College Resources: • Campus Police • Crisis Resources and Support • Behavioral Threat Assessment Unit Off-Campus Resources: • Off-Campus Resources (This link leads to resources for a variety of areas such as Mental Health, Suicide Prevention, Chemical Dependency, Housing Assistance, Food A Under Title IX of the Education Amendments of 1972: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
30 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Fact Sheet: Final Title ix Regulation-Office of Civil Rights (OCR) 1. Recognition of Sexual Harassment as Sex Discrimination • Sexual harassment under Title IX includes – dating violence, domestic violence, and stalking (DOE, 2020). 2. Protections for Survivors • Survivors are in a position of control to decide what happens after an incident of sexual harassment, including sexual assault, occurs. • Schools must respect a survivor's decision to file, or not to file, a formal complaint and must offer supportive measures either way. • Schools must respond promptly in every instance by offering supportive measures like dorm reassignments or class schedule adjustments. • Schools are forbidden from pressuring a survivor into filing or not filing a formal complaint or participating in a grievance process. • To protect younger students, K-12 schools must respond promptly when any school employee has notice of sexual harassment, including sexual assault. • The regulation extends to all aspects of a school's education program or activity. It also applies to any building owned or controlled by a student organization recognized by a college or university. • If a survivor chooses to participate in a grievance process, the regulation protects survivors from inappropriately being asked about prior sexual history (also known as "rape shield" protections), and the survivor must not be required to divulge any medical, psychological, or similarly privileged records. • A survivor never has to come face-to-face with the accused during a hearing, and an accused is never allowed to personally ask questions of a survivor.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 31 • Survivors are protected against retaliation when they choose to report sexual misconduct or not, file a formal complaint or not, and participate in a grievance process or not. • Survivors are protected against bullying or harassment throughout the grievance process. 3. Campus Processes and Procedures • The regulation provides students with a right to written notice of allegations, the right to an advocate, and the right to submit, examine, and challenge evidence. • All students have the right to a live hearing where advisors conduct crossexamination. • All students have the right to an impartial finding based on evidence using a standard of evidence — either the preponderance of evidence standard or the clear and convincing standard — that applies to all school community members, including faculty. • Schools must offer both parties an equal opportunity to appeal the finding. • The regulation gives schools flexibility to conduct Title IX investigations and hearings remotely.
Maxient
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 33 Maxient is a secure, web-based case management incident reporting system designed to help institutions address concerns promptly. Whether it’s student discipline, academic integrity, care, or concern, Maxient helps identify students needing assistance, track behavior records, and coordinate the efforts of departments to provide follow-up (Maxient, 2022). For these reasons, Lone Star College uses Maxient to easily manage student records, concerns, or well-being and improve communication and collaboration across the institution. What Maxient is not … Maxient does not set policy, and each institution determines the types of records they store in the platform (Maxient, 2022). Each institution controls who can access the system and how long records are retained (e.g., grades, financial aid, complaints, etc.). By law and contract, records stored in Maxient are the property of the institutions that create them. Maxient does not utilize them, nor do they have the power to disclose them to anyone else. Maxient does not utilize artificial intelligence, predictive models, or any scoring systems. The LSC Incident Reporting System is available for anyone to submit good faith inquiries, concerns, incident reports, or complaints regarding any type of alleged inappropriate conduct or non-compliance with federal, state, or local laws or LSC Board Policies and Chancellor’s Procedures. This includes concerns of sexual misconduct (sexual harassment, sexual assault, Title IX). To determine if your concern violates LSC Board Policy or Chancellor’s Procedures, please visit the LSC Board Policy web page at LSC Board Policies and Chancellor’s Procedures. • Reports may be made anonymously. While it is your decision to be anonymous, please understand this may limit LSC’s ability to assist you. • If you are uncertain about reporting, please consult with college leadership to obtain assistance. What is Maxient?
34 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Student Responsibilities and Academic Student Code of Conduct V.E. Student Responsibilities V.E.1. Academic Student Code of Conduct V.E.1.1. Policy The College provides an educational environment grounded in strict fidelity to academic integrity and academic rigor. The College achieves that environment by enforcing the Lone Star College System Academic Student Code of Conduct. The Academic Student Code of Conduct applies to all students enrolled in a credit or non-credit course at the College. It also applies to all online-only or hybrid students. V.E.1.2. Definitions (a) Reserved V.E.1.3. Academic Code of Conduct Academic misconduct can occur in many different ways. The list below presents some examples of academic misconduct. The list does not contain every conceivable example of academic misconduct. The College publishes this list, giving students examples of the types of conduct that might qualify as academic misconduct. (a) Engaging in academic dishonesty as defined in Section V. (b) Violating the College’s academic integrity policies defined in Section V. (c) Taking an exam, an entire course, or preparing clinical work for another student. (d) Supplying or receiving test answers through electronic messages, signaling, or unauthorized written notes. (e) Looking at or using information from another student’s test. (f) Authorizing another student to use your test or other class assignment information in any form. Appendix A
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 35 (g) Obtaining or supplying tests, lab reports, term papers, or assignments through unauthorized methods before or after it is administered. (h) Resubmitting a test with changed answers upon receiving unauthorized information. (i) Reviewing or altering grades of any student without proper authorization. (j) Collaborating with other students on testing, assignments, or clinical work without permission. (k) Possessing another student’s work without permission. (l) Buying or using someone else’s paper or project from a local source or Internet site and submitting it as your own work. (m) Incorrectly attributing or neglecting to attribute source material (books, articles, Internet sites, music tracks, movies, etc.) used in an assignment or clinical written work. (n) Failing to distinguish direct quotations from paraphrasing or summarization of source material. (o) Completing someone else’s work on an assignment or clinical written work. (p) Fabricating or falsifying information or course material in an assignment or clinical written work. (q) Submitting an assignment or clinical written work as your own after someone else has rewritten or changed major portions of it. (r) Using a project completed for another course and resubmitting it without changes for another course. (s) Destroying or vandalizing student or faculty course materials or records. Selling or purchasing exams, papers, notes, or other assignments (whether ultimately used or not).
36 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Appendix B Student Responsibilities and Nonacademic Student Code of Conduct VI.E. Student Responsibilities VI.E.1. Nonacademic Student Code of Conduct VI.E.1.01 Policy The College provides a safe and responsive learning environment for all students. The College achieves that environment by enforcing the Lone Star College System Nonacademic Student Code of Conduct. The Nonacademic Student Code of Conduct applies to all students enrolled in a credit or non-credit course at the College. It also applies to all online-only and hybrid students. VI.E.1.02 Definitions (a) Prohibited Computer Use can take many forms—especially in a fast developing industry—but the following list should allow students to understand the types of uses that are specifically prohibited. The following list is not a complete list, but it does provide some illustrative examples for students to appreciate in using the College's computers or its systems. 1. Intentionally disrupting the access of other students, faculty, or staff to the College's digital or electronic resources; 2. Knowingly obtaining access to a computer account, identification number, or password assigned to another student, faculty member, staff member, or college office without authorization; 3. Knowingly using an account, identification number, or password belonging to another student, faculty member, staff member, or College office for other than its intended purpose without authorization, or using an identification number or an inactive account, password, or identification number; 4. Misusing the College's computer equipment by falsifying or altering records or documents, damaging programs belonging to others, sending harassing or threatening material, or unlawfully duplicating copyrighted property;
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 37 5. Intentionally using the College's computer resources to store, download, upload, display, print, or email computer images that constitute "obscene materials" as defined by Texas law that is not directly related to, or required for, a specific educational course or research project related to an educational program; 6. Displaying or transmitting messages, images, or cartoons that are sexually explicit or that demean a person on the basis of race, ethnicity, gender, national origin, disability, or religion; 7. Using the College's email or other computer resources for commercial purposes or for personal financial gain; or 8. Intentionally overloading the College's computer resources. Access to the College's email and similar electronic communication systems remains a privilege extended to current employees, students, and affiliates in good standing. The privilege of access ends with the termination of employment, the failure to reenroll in a College educational program, or disciplinary sanctions. This definition includes unauthorized access based on previous standing with the College.
38 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE (b) College-sponsored activity means events and activities initiated by a student, student organization, college department, faculty member, or other employees who meet one of the following conditions. 1. The College hosts the event or activity on its premises. 2. The College expressly authorizes, aids, supervises, or conducts the event or activity. 3. The College funds any portion of the event or activity. 4. The College's registered student organizations initiated, conducted, or promoted the event or activity in the organization's or College's name. (c) Prohibited weapons include: 1. Firearms (any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use). 2. Ammunition. 3. An explosive weapon (any explosive or incendiary device, bomb, grenade, rocket, or mine designed, a. Made or adapted to inflict serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon). 4. An illegal knife (knife blade over 5½ inches; hand instrument designed to cut or stab another by being thrown; switchblade knife; dagger; bowie knife; sword; or spear). 5. A taser (any weapon firing barbs attached by wires to batteries, causing temporary paralysis). 6. Knuckles (any instrument consisting of finger rings or guards made of a hard substance designed, made, or adapted to inflict serious bodily injury or death by striking a person with a fist enclosed in the knuckles). 7. A chemical dispensing device (device other than a small chemical dispenser sold commercially for personal protection, designed, made, or adapted to cause an
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 39 adverse psychological or physiological effect on a human being). 8. A zip gun (a device or combination of devices that was not originally a firearm adapted to expel a projectile through a smooth-bore or rifle-bore barrel using the energy generated by an explosion or burning substance). 9. A club (instrument specially designed, made, or adapted to inflict serious bodily injury or death by striking a person with the instrument, including a blackjack, nightstick, mace, and tomahawk). (d) Prohibited items include: 1. Any self-balancing motorized boards (segways or hoverboards) unless specifically authorized by the Chancellor or his or her designee. 2. Any unmanned aerial vehicles (drones), unless specifically authorized by the Chancellor or his or her designee. 3. (e) Student means any person (1) registered with the College, (2) who the College has accepted for admission, or (3) who intends to attend the College. 4. (f) Hazing means any intentional, knowing, or reckless act directed against a student that endangers the student's mental health, physical health, or safety. A student organization cannot require such acts to initiate, affiliate, appoint, or maintain membership in any student organization. Whether the act occurs on or off the College's property remains irrelevant. 2. VI.E.1.03 Nonacademic Code of Conduct 3. Nonacademic Misconduct can occur in many different ways. The list below presents some examples of nonacademic misconduct. The list does not contain every conceivable example of nonacademic misconduct. The College publishes this list, giving students examples of the types of conduct that might qualify as nonacademic misconduct. (a) Disrupting, obstructing, or interfering with College activities, access to college facilities, or college-sponsored activities. (b) Physically or psychologically abusing, threatening violence, making terroristic threats, stalking, or harassing the College’s members or visitors. This includes verbal and electronic threats.
40 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE (c) Using, possessing, or storing any weapon, dangerous chemical, ammunition, or explosive element regardless of whether the possessor holds a federal, state, or other licenses. (d) Using a simulated weapon, explosive, or ammunition in an assault or battery. (e) Operating a self-balancing board within College buildings. (f) Unauthorized operation of unmanned aerial vehicles within College premises, which includes College parking lots. Only the Chancellor or their designee can authorize the operation of unmanned aerial vehicles within College premises. (g) Using electronic cigarettes, vaporizers, or battery-powered inhalation devices within College buildings. (h) Initiating or inducing a false report with the College. (i) Misusing or damaging fire safety equipment. Tampering, misusing, damaging, or playing with fire extinguishers, smoke detectors, exit lights, emergency lights, fire alarms or doors, or other similar equipment. (j) Engaging in prohibited computer use. (k) Violating the terms of any disciplinary action. (l) Inducing or participating in hazing. (m) Violating any College policy, procedure, regulation, or rule. (n) Unlawfully possessing, using, selling, administering, or distributing alcoholic beverages, illegal or controlled substances, designer drugs, or drug paraphernalia. (o) Littering, damaging, defacing, removing,21, or destroying the College’s property without the College’s authority. (p) Gambling, raffling, or holding a lottery at the College without approval. (q) Violating any local, state, federal, or other applicable law. (r) Engaging in obscene, vulgar, lewd, or indecent conduct, expression, or sexual conduct on the College’s property. (s) Furnishing false information or willfully misrepresenting any fact to the College or the College’s community members acting in their official capacities.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 41 (t) Forging, altering, falsifying, or misusing the College’s documents, records, forms, or identification cards. (u) Willfully misrepresenting to anyone the relationship between an individual and the College. This includes willfully misrepresenting that the College supports, sponsors, or approves the services or activities of any person, group, or organization. (v) Stealing or trying to steal the College’s property or services or those of any of its community members. (w) Infringing upon the right of other students to fair and equal access to any of the College’s library materials and other academic resources. (x) Using, without authorization, the College’s facilities (not including the College’s common outdoor areas) 22 or equipment. (y) Causing false information to be presented before any College administrative proceeding or intentionally destroying evidence relevant to such a proceeding. (z) Failing to comply with the direction of College officials, including campus security officers acting in the performance of their duties. (aa) Abandoning a child in any place on the College’s premises without providing reasonable and necessary care for the child. 4. Attempting to commit acts prohibited in this Nonacademic Code of Conduct or encouraging or assisting others to commit such acts is prohibited and may be punished to the same extent as if one had committed the prohibited act. VI.E.1.04 Classroom Misconduct The College recognizes and encourages distinct views in the learning process. Differing viewpoints, however, must be part of the learning process—not detract from it. Individual faculty members set appropriate conduct standards at the start of each class or course. Students who disrupt a classroom, and are warned by the instructor, may be asked to leave the classroom. A student refusing to leave a classroom after being asked to do so by the instructor may be removed by the College’s Police Department. The instructor must submit a written report
42 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE documenting the incident to the Chief Student Services Officer. The report must include the date, time, and place and describe the circumstances of the classroom disruption. VI.E.1.05 Off-Campus Activities Students are not under the College’s control when not on the College’s property or when such students are not participating in a college-sponsored activity. The College assumes no responsibility for the off-campus activities or its students’ personal conduct. Students who break the law risk the related consequences of so doing. The College may, however, take disciplinary action against students whose conduct at a non-college-sponsored event poses a serious and substantial danger to any student. VI.E.1.06 Professionalism Students assigned to healthcare or other facilities as part of clinical courses or serving in internships as part of a course are expected to behave in a professional manner. Students must adhere to professional norms for the particular professional field. A student’s performance evaluation includes a professional conduct component. LSCS Policy Manual Section VI adopted by the Board of Trustees on October 6, 2022 Footnotes: 21 See Tex. Educ. Code §§ 51.9315(c)(1)–(2). 22 See Tex. Educ. Code §§ 51.9315(c)(1)–(2).
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 43 Appendix C VI.F. Student Discipline for Nonacademic Misconduct VI.F.1 General Provisions VI.F.1.01 Student Discipline Policy for Nonacademic Misconduct The College shall maintain safety, order, and integrity by enforcing conduct standards. Nonacademic Misconduct subjects students to discipline under this Section. The College shall respect each person’s dignity and rights throughout the discipline process. When possible, members of the College community should try to resolve minor allegations of nonacademic misconduct informally. Section VI.F does not apply to matters addressed by Section IX. VI.F.1.02 Definitions a) Appeal means to request in writing that the Executive Vice Chancellor review a decision of suspension or expulsion, stating why it should be modified or reversed. b) Chief Conduct Officer means a college Vice-President to whom the College President gives primary responsibility for student discipline for nonacademic misconduct. c) Discipline Committee is a panel appointed by each College to review suspensions and expulsions imposed by other colleges. d) Due process means a student’s procedural and substantive constitutional protections. e) Effective notice means a written notice served in person, emailed to a person’s College email address, or mailed to a person’s address. f) Expulsion means permanent exclusion from any or all College classes and activities. g) Nonacademic Misconduct means violating the minimum standards of student conduct required to maintain safety, order, and integrity.
44 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE h) Period of disruption means any period in which it reasonably appears that there is a threat of destruction to institutional property, injury to human life on the College or facility, or a threat of willful disruption of the orderly operation of the College or facility. i) Sanction means a penalty against a student, including oral or written warning, probation, suspension, expulsion, or other proper penalties. j) Suspension means temporary exclusion from any or all College classes and activities. VI.F.1.03 How to Report Nonacademic Misconduct Anyone may report nonacademic misconduct in writing to a Chief Conduct Officer. Reports shall include all known relevant facts, including dates, times, and places. The reporter shall supply available evidence and shall commit to participate in the investigation or hearing. False reports are nonacademic misconduct. VI.F.1.04 Investigation After receiving a written report alleging nonacademic misconduct, the College shall investigate the allegations and issue a written decision either dismissing the allegations or finding the student responsible for nonacademic misconduct and imposing sanctions. If the decision imposes suspension or expulsion, the student may request a Discipline Committee hearing. VI.F.1.05 Hearing The College shall give the student effective notice of the date, time, and place of his or her Discipline Committee hearing. Notices shall set forth specific allegations, list all evidence of nonacademic misconduct, including all witnesses who may testify against the student, and provide copies of all documents to be used against the student. The College must prove nonacademic misconduct to the Discipline
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 45 Committee by a preponderance of the evidence. Accused students shall have the right to confront and question their accusers during the hearing unless a legally recognized exception to this right applies. After the hearing, the Discipline Committee will issue a written majority decision either dismissing the matter or finding the student responsible for nonacademic misconduct. A determination finding a student responsible for nonacademic misconduct shall explain the specific nonacademic misconduct and evidence thereof and recommend sanctions. Either party may appeal the Discipline Committee’s decision. The College may hold a joint hearing for two or more students alleged to have participated in the same incident(s) of nonacademic misconduct. VI.F.1.06 Effect of Sanctions Unless otherwise specified in writing, suspension or expulsion shall have a collegewide effect. A student suspended or expelled from one College may not enroll at another college without the Executive Vice Chancellor’s permission unless the sanction has expired by its own terms or has been reversed on appeal. Any student facing unresolved discipline for nonacademic misconduct may not register without the College’s permission. The College may agree at any time to impose certain sanctions if a student admits to nonacademic misconduct, and the student and Chief Conduct Officer shall sign any such agreement. In addition to sanctions, the College may pursue any and all remedies at law or equity. VI.F.1.07 Due Process Requirements Students have a protected interest in receiving an education. Except during periods of disruption, students must receive due process before they may be suspended or expelled. Due process requires notifying students of charges against them, explaining evidence against them, and giving students a fair opportunity to present their side of the story. Due process is not required for sanctions that do not affect students’ interest in receiving an education, such as warnings or exclusion from extracurricular activities. Except during a period of disruption, no suspension or expulsion will take effect before the investigation, hearing, and appeal process ends.
46 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE VI.F.1.08 Autonomy Nonacademic Misconduct may also violate federal, state, or local laws, and students subject to discipline may also face civil or criminal legal penalties. Civil or criminal proceedings—or the lack thereof—related to alleged nonacademic misconduct will not determine discipline. VI.F.1.09 Periods of Disruption During periods of disruption, the powers and procedures in Texas Education Code Chapter 51, Subchapter E-1 shall apply and shall prevail over this Section if they conflict. Students must receive due process as soon as practicable during periods of disruption.
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 47 Appendix D
48 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Appendix E CAMPUS RECEIPT OF REPORT: Campus Receives BIT Incident Referral Form for Non-Emergency Report of Concern BIT PROCESS BEGINS: Identify Referral Source, Student of Concern, and all stakeholders. DATA COLLECTION: Continuously update Maxient with names, contact info, status, and case notes. STAGES OF BIT WORK INITIAL DATA COLLECTION STEPS FOR NEW STUDENTS: (1) Find Student in iStar and add Maxient Indicator. (2) Create New Case in Maxient INITIAL TRIAGE: Primary Campus BIT Representative Review YES: REPORT MOVES ON TO BEHAVIORAL INTERVENTION TEAM ASSESS RISK: Consult Objective Risk Rubric (e.g., NaBITA Risk Assessment Tools) INVESTIGATE: BIT Investigates factors influencing situation and may begin identifying potential intervention strategies INTERVENE: BIT Identifies and Initiates Intervention Strategies SUPPORT & MONITOR: Recommended interventions implemented and monitored until resolution is achieved. ASSESS RISK: Consult Objective Risk Rubric (e.g., NaBITA Risk Assessment Tools) INVESTIGATE: BIT Investigates factors influencing situation and may begin identifying potential intervention strategies INTERVENE: BIT Identifies and Initiates Intervention Strategies SUPPORT & MONITOR: Recommended interventions implemented and monitored until resolution is achieved. COMMUNICATION: Prompt notifications and continuous communication with all parties. CONTINUOUS BIT SUB-PROCESSES Referral Process Completion Is this really a BIT Referral? INITIAL DATA COLLECTION STEPS REFERRAL OUT: BIT Chair authorizes referral of the case to appropriate LSC lead (e.g., Title IX Contact, Early Alert, Student Conduct Officer) NO BIT Process Flow Chart
LSC-TOMBALL STUDENTS DISCIPLINE GUIDE | 49 Behavior Intervention Plan The implementation of the Behavior Intervention Plan will contribute to enhancing the quality of life and independence of the student. Student ID#: ________________________ Student Name:_____________________ Date:_______________ Instructor: ___________________ Department: ___________________________ 1. Functional Behavior Assessment Summary (Areas of Conern) 2. Replacement Behaviors a. Identify the short-term replacement behavior strategies to use while working toward the desired goal. b. Identify the desired goal behavior the student should use instead of the problem behavior. 3. Proactive Strategies and Supports (to limit occurrence of problem behavior) a. Identify methods to address setting events, if applicable. b. Identify methods to modify antecedents, including positive strategies to modify the environment. 4. Recommendations: Identify desired outcomes, referring to campus support services, community resources, and establishing baseline behavior.
50 | LSC-TOMBALL STUDENTS DISCIPLINE GUIDE Behavior Intervention Plan The implementation of the Behavior Intervention Plan will contribute to enhancing the quality of life and independence of the student. Student ID#:__________________ Student Name:_____________________ Date:_____________ Instructor:___________________ Department:___________________________ 5. Consequence Strategies. a. Reinforcement of Replacement Behavior. Identify the response to the short-term replacement or desired goal behavior. Must specify the reinforcer(s) earned, schedule of reinforcement, location and staff members responsible for delivering the reinforcer. b. Response to Problem Behavior Identify the strategies used to respond to the problem behavior. Consider a response that does not escalate the student, is least intrusive, and is focused on teaching/reteaching replacement behavior. 6. Crisis Intervention Plan (if needed) Define strategies to be implemented in the event of escalation of problem behavior. Define a plan focused on safety. 7. Implementation and Progress Monitoring Plan Identify tools used to monitor frequency, duration, intensity of problem behavior, as well as implementation and effectiveness of interventions, strategies & supports. STUDENT SIGNATURE: ___________________________ DATE: ____________ INSTRUCTOR SIGNATURE: ___________________________ DATE: ____________