1. "College" means Western Nebraska Community College.

2. "Student" refers to all persons taking courses at the College, both full-time and part-time.

3. "Faculty member" means any person hired by the College to conduct classroom activities.

4. "College Official" and "staff member" refer to any person employed by the College, performing assigned administrative or professional responsibilities.

5. "Member of the College community" includes any person who is a student, faculty member, staff member, College official or any other person employed by the College. A person's status in a particular situation shall be determined by the Judicial Officer.

6. "College property" includes all land, buildings, facilities, vehicles, equipment, computer software, communication devices, educational and administrative programs/materials and other property (physical or intellectual) in the possession of, or owned, used, or controlled by the College (including adjacent streets, sidewalks and parking lots).

7. "College Judicial Board" or "Judicial Board" refers to the body of individuals designated and authorized on a case by case basis to hear appeals of student disciplinary decisions.

8. "College Judicial Officer" or "Judicial Officer" refers to the person designated and authorized by the College President to determine whether a student has violated the Judicial Codes and Appeals and to impose sanctions. The College Judicial Officer also serves as Chairperson of the College Judicial Board. (see Article VI) This position shall regularly fall to the Dean of Student Services.

9. "Judicial Clerk/Recorder" refers to the Student Services Senior Executive Secretary, or other appropriate individual appointed by the Dean of Student Services, responsible for keeping a complete record of all the proceedings of the Judicial Board. (see Article VIII)

10. "Policy" "rules" and "regulations" are defined as the written regulations of the College as found in, but not limited to, the Judicial Codes and Appeals, Residence Life Handbook, Student Handbook, and College Catalog.

11. "Complainant" refers to any person who files a charge of misconduct against a student.

12. "Cheating" includes but is not limited to, use of any unauthorized assistance in taking quizzes, tests, or examinations; dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems or carrying out other assignments; or the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff.

13. "Plagiarism" includes but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

SECTION A Offenses Against Property

Any student who commits one or more of the following acts shall be held responsible for an offense against property:

Clause 1 - Theft Attempting to take away or taking away another's property without his/her consent.

Clause 2 Destruction of property Damage, whether or not malicious, to the property of another.

Clause 3 Wrongful appropriation Retention of another's property for one's own use without his/her consent.

Clause 4 Unauthorized entrance Entry into any building, room, or vehicle without the consent of a person so authorized to give such consent.

Clause 5 - Misuse of computer facilities - Theft, abuse, or other misuse of computer time or facilities, including but not limited to:

a. Unauthorized entry into a file or program to use, read, or change the contents or for any other purpose.

b. Unauthorized transfer of a file.

c. Unauthorized use of another individual's identification and password.

d. Use of computing facilities to interfere with the work of another student, faculty member, or staff member.

e. Use of computing facilities to send abusive messages.

f. Use of computing facilities to interfere with normal operation of the College computing system.

Any student who commits one or more of the following acts shall be held responsible for an offense against a person:

Clause 1 Assault An attempt, through threat or violence, to do bodily harm to another person, whether or not the attempt is consummated. This would include, but is not limited to, assaults of a sexual nature.

Clause 2 Abuse - Threats, physical harm or abuse, verbal abuse, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person on College property or at Collegesponsored events.

Clause 3 Detention The detainment or confinement of another person against her/his will.

Clause 4 Harassment - Any action or conduct which creates or in part creates a hostile, abusive, or intimidating environment.

Any student who commits one or more of the following prohibited acts shall be held responsible for an offense against the peace:

Clause 1 Alcoholic Beverages Use, possession, or sale of alcoholic beverages on campus or at any Collegesponsored function.

Clause 2 Drunkenness Acting in a disorderly manner as a result of drinking a beverage with alcoholic content.

Clause 3 Drugs The unauthorized possession, use, sale, transportation of drug paraphernalia, or substances of hallucinogenic or psychedelic or controlled substance on the College campus or at Collegesponsored events.

4 Disturbance Participating in any disturbance which is in any way unruly, disorderly, or unlawful on campus or any College sponsored function.

Clause 5 Obstruction or Disruption Obstruction or disruption of any College activity, either academic, social or administrative.

Clause 6 Disorderly, Lewd, Indecent, or Obscene Conduct Disorderly conduct or lewd, indecent, or obscene conduct or expression on College property or at Collegesponsored functions.

Clause 7 Explosive Materials The possession, use, sale, or transportation of explosive materials on the College campus.

Clause 8 Firearms, Ammunition, Knives and other Weapons The possession, discharge, use, sale, or transportation of firearms, ammunition, and/or weapons on College property, including but not limited to such items contained in vehicles parked on campus.

Clause 9 - Violation of Laws - Violation of federal, state, or local laws on College property or at College-sponsored or supervised activities.

Any student who commits one or more of the following acts shall be held responsible for an offense against the College Judicial System:

Clause 1 Failure to Appear Whether through negligence or determination, failure to appear before the College Judicial Officer upon her/his request, or the Judicial Board after receipt of notice of hearing. (Suspension will result unless there are compelling extenuating circumstances.)

Clause 2 Falsification, distortion, or misrepresentation of statements, information or materials before a judicial body.

Clause 3 - Failure to comply with an order, sanction, or decision of the Judicial Board or failure to comply with any College Judicial Officer's determination or decisions.

Clause 4 - False Charges Bringing intentional false charges of violations of this code before the Judicial Board.

Clause 5 - Disruption or interference with the orderly conduct of a judicial proceeding.

Clause 6 - Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding.

Clause 7 - Influencing or attempting to influence another person to commit an abuse of the judicial system.

Any student who commits one or more of the following acts shall be held responsible for an offense against the College:

Clause 1 Behaving in a manner likely to bring discredit upon the College. (The authority of the Board will never be used merely to duplicate the functions of the law; but when the institution's interests as an academic community are involved, the authority of the institution will be asserted.)

Clause 2 Dishonesty in any form, such as cheating, plagiarism, misuse of identification cards, furnishing false information to the College, or misuse of College funds.

Clause 3 Violation of rules governing College facilities/activities including but not limited to:

 

 

(a) Behavioral guidelines as stated in the Student Handbook and Pioneer Hall Resident Handbook.

(b) Unauthorized or inappropriate use of any College facility.

Clause 4 Gambling on College property is prohibited.

Clause 5 Failure to comply with directions of College official(s) acting in the performance of their duties.

Generally, College jurisdiction and discipline shall be limited to conduct which occurs on College property or which adversely affects the College Community and/or the pursuit of its objectives.

SECTION A - Charges

Any member of the College community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the Dean of Student Services.

SECTION B - Student Disciplinary Process

The College Judicial Officer shall proceed as follows when notified of alleged misconduct by students:

1. She/he will make preliminary inquiry to ascertain whether the allegations are supported by available evidence and do allege a violation of College standards. [The College Judicial Officer may impose on a student a temporary or interim suspension sanction while conducting her/his investigation if deemed to be in the best interests of the student or other members of the campus community.]

2. If no violation appears to have taken place, she/he shall dismiss the complaint.

3. She/he shall proceed to conduct further administrative inquiry if the alleged code violations did appear to have occurred.

4. At an administrative meeting with the College Judicial Officer, the accused student may elect to admit to charges and specifications or to any lesser misconduct. This admission may, with the approval of the College Judicial Officer, waive any further hearing.

5. Based upon the College Judicial Officer's determination and the student's admission, the College Judicial Officer may impose administrative disciplinary sanctions appropriate to the violations. If accepted in writing by the student, the sanctions will commence on the date specified by the College Judicial Officer. If not accepted by the student, the matter shall be referred to a hearing by the College Judicial Board, with the Dean of Student Services (or designee) serving as non-voting Chairperson.

6. In imposing administrative disciplinary sanctions, the College Judicial Officer may consider any prior written warnings related to College code violations that the accused has received and accepted in writing or any prior actions of the Judicial Board.

If the accused is found responsible for the charge against her/him, one or more of the following sanctions may be imposed upon the accused:

1. Referral - Referral to the Dean of Student Services with a recommendation for counseling, assessment, and/or specified behavior modifications.

2. Reprimand - Such action shall be a reprimand for failure to maintain standards of conduct expected of a WNCC student.

3. Conduct Probation - Such action shall constitute a determination that the misconduct was of a serious nature and the student is placed in a status of warning for the specified period. Occurrence of any further misconduct during the stated period will constitute grounds for suspension or expulsion. The duration of the probation period should be in proportion to the degree of seriousness attached to the misconduct.

4. Disqualification - This action may be utilized to direct the loss or limitation of privileges, rights or services which students normally enjoy on the campus with regard to the use of facilities or participation in campus activities. The disqualification shall be for a stated period of time in proportion to the seriousness of the offense. Failure to comply with disqualification will constitute grounds for suspension or expulsion.

5. Restitution - Such action is appropriate in any case in which the conduct has caused loss or damage to property or injury to a person, or in which reparation for a particular act of misconduct may reasonably be made by payment of money or the performance of services. Restitution as a sanction may not be made a part of a disciplinary action unless the offender agrees to accept the sanction, or damage or theft of College property is involved.

6. Suspension - A suspension terminates the individual's status as a student for a stated period of time in proportion to the seriousness of the offense. A suspension for misconduct may not be effected until so ordered by the Dean of Student Services.

7. Expulsion - Expulsion constitutes a final termination of all opportunity for the offender to continue as a student in the College. Expulsion for misconduct may not be effected until so ordered by the Dean of Student Services.

An appeal (unacceptance) of the decision of the College Judicial Officer may be made in writing to the Dean of Student Services no more than five working days, excluding weekends or holidays, after the written decision by the Judicial Officer is received. The Dean of Student Services shall then convene a hearing of the College Judicial Board.

Clause 1 - Rights of the Accused Student. The following shall be included in the basic rights of the accused:

1. Right to face her/his accuser.

2. Right to ask questions of all persons who appear for or against her/him in any proceedings of the Judicial Board.

3. Right to a timely notification process:

The accused and the complainant shall be notified in writing of the date of the

proceedings within a reasonable time from filing the appeal.

The accused will then have no more than five (5) working days to notify/submit to the Judicial Officer the following:

a. names, addresses, and phone numbers of all witnesses;

b. names, addresses, and phone numbers of the two (2) observers;

c. names, addresses, phone numbers, and status of each individual selected to serve as advisor;

d. original supporting documentation - pertinent records, exhibits, and written statements.

The Judicial Officer shall then make available to the accused student and the complainant the list of witnesses, allowed visitors, selected advisor, and documentation.

Clause 2 - Judicial Board Hearing Procedures. Hearings shall be conducted by the Judicial Officer and the Judicial Board according to the following guidelines:

1. Hearings shall be conducted in private. Those in attendance shall include the Judicial Officer who serves as non-voting Chairperson, the Judicial Board members, the accused student and her/his selected advisor, and the complainant and her/his selected advisor. Both the accused and complainant also may have up to two (2) observers present during the hearing. The observers shall not have the privilege of participating in the hearing.

2. The accused and the complainant have the right to be assisted by any advisor, one (1), they choose at their own expense. The advisor may be an attorney. The accused and the complainant are responsible for speaking on their own behalf. Advisors are not permitted to speak or to participate directly in any hearing before the Judicial Board, unless the advisor is a licensed attorney. An appropriate advisor would be someone with sufficient knowledge of the College judicial process to be able to effectively assist the accused and complainantthrough the hearing. An example of such an advisor would be a member of the Student Services staff (excluding the Dean of Student Services) or a faculty member.

3. Pertinent records, documentation, exhibits, and written statements from the accused and the complainant may be accepted as evidence for consideration by the Judicial Board at the determination of the Judicial Officer. These materials must be submitted to the Judicial Officer in their original or hardcopy form.

4. The accused and the complainant shall have the privilege of presenting witnesses whose testimony is directly pertinent to the issues at hand, as determined in advance by the Judicial Officer. Witnesses may not serve as observers or advisors. The number of witnesses allowed by each person will be negotiated with the parties by the Judicial Officer. Witnesses will not be present in the hearing room during the hearing until such time as they are called in to testify. Witnesses will wait outside the hearing room and will be called in one by one. After the Judicial Board, the accused, and the complainant have concluded the questioning of the witness, the witness will be excused from the room.

5. In hearings involving more than one accused or complainant, the Judicial Officer, in her/his discretion, may permit the hearings to be conducted either jointly or separately.

6. All procedural questions are subject to the final decision of the Chairperson of the Judicial Board (i.e. the Judicial Officer).

Clause 3 - Hearing Protocol. The Judicial Officer, serving as Chairperson of the Judicial Board, is charged with the responsibility of ensuring that the following procedures are adhered to during the Judicial Board hearing:

1. The Judicial Officer will state the date and time, and identify the particular hearing.

2. The Judicial Officer will ask the Judicial Clerk/Recorder to confirm if all who have received notice of hearing are present.

3. The Judicial Officer will explain the confidential nature of the meeting and that no materials distributed are to be taken from the room, and that there should be no discussion about the proceeding outside of the hearing.

4. The Judicial Officer will state the purpose of the hearing and read the charge to the Judicial Board.

5. The Judicial Officer will identify the accused student(s).

6. The Judicial Officer will explain the fundamental rights of the accused.

7. The Judicial Officer shall present the evidence of the case to the Judicial Board and will ask the accused if she/he admits the charges.

8. The complainant(s) is (are) identified and asked questions by the Judicial Officer to present the relevant issues regarding her/his side of the case. This is to be done in the presence of the accused.

9. The Judicial Board and the accused will be given the opportunity to ask questions of the complainant. Questions will be addressed through the Judicial Officer.

10. The Judicial Officer will ask questions of the accused to present the relevant issues regarding her/his side of the case.

11. The Judicial Board and the complainant will be given the opportunity to ask questions of the accused. Questions will be addressed through the Judicial Officer.

12. The Judicial Officer will call the witnesses one at a time to testify. Witnesses will not be present in the hearing room during the hearing until such time as they are called in to testify. Witnesses will wait outside the hearing room and will be called in one by one. After the Judicial Board, the accused, and the complainant have concluded the questioning of the witness, the witness will be excused from the room.

13. The Judicial Board, the accused, and the complainant will be given the opportunity to question the witnesses.

14. The Judicial Officer shall give the accused and the complainant the opportunity to make a final statement.

15. The Judicial Officer will give the deliberation directions to the Judicial Board.

16. The Judicial Board shall then meet in closed session and make its decisions regarding the accused in accordance with Article III, Section D, clause 3.

17. All proceedings of the hearing are taped by the Judicial Clerk/Recorder, with the exception of the Judicial Board's private deliberation.

18. Upon final decision of the Judicial Board and within an expedient amount of time, the findings are signed by a student member, staff member, and faculty member of the Judicial Board. The Judicial Officer attaches a copy of the minutes and returns the original petition and tape of the proceedings to the Student Services office to be filed. A copy of the minutes is forwarded to the accused, the complainant, the Dean of Student Services, the Executive Vice President, and the College President. The tape and manuscript of the proceedings remain in the student's disciplinary file in the Student Services office and become the property of the College.

Step 1 - Adjudication: Decisions of the Judicial Board

 

 

While meeting in closed session, the Judicial Board shall consider only that evidence which has been presented in the hearing which pertains directly to the alleged offense and shall determine whether the accused is in violation of the Code of Conduct. The Judicial Board shall make its determination by a preponderance of the evidence. A preponderance of the evidence means not necessarily the greater number of witnesses, but that amount of evidence which, on the whole and when fairly and impartially considered, provides the stronger impression and is more clear and convincing when weighted against the opposing evidence.

Step 2 - Determination of Sanctions:

 

 

If the accused admits or has been determined to be in violation of the Code of Conduct the Judicial Board, while meeting in closed session, shall consider a) all evidence presented during the hearing, b) any previous written warnings and previous actions of the Judicial Board relating to code violations that the accused has received and accepted in writing, and c) any other prior determinations of College code violations. The Judicial Board shall then determine any appropriate sanction(s) for the accused within the provisions of Article III, Section C.

All decisions require a simple majority vote in the affirmative of all members of the Judicial Board, with the exception of the non-voting Judicial Chairperson. In the event of a tie vote, the committee will reconvene within an expedient amount of time to review all testimony and submitted evidence and to re-vote. If a tie vote occurs again, the case will be referred to the next appeal level.

SECTION D - Appeal of Judicial Board Decision

An appeal of the decision of the Judicial Board may be made to the College President or designee in writing by an accused person no later than five (5)working days, excluding weekends or other holidays, after the written decision of the Board is received. Any appeal to the College President or designee shall be based upon one or more of the following reasons:

1. The decision violated an overriding policy or regulation of Western Nebraska Community College.

2. The decision was based on a policy or regulation which does not exist.

3. Evidence which was not available at the time of the decision but is now available would affect the decision itself.

4. The case was initiated or conducted according to improper procedure.

5. The decision embodies an inappropriate punishment for the offense.

6. The decision was contrary to the evidence.

SECTION E Decision

If upon appeal the decision of the Judicial Board is upheld, the Executive Vice President may uphold or modify the sanctions to either more stringent sanctions or lesser sanctions.

SECTION F - Right to Petition for Readmission

A person who is expelled from the College may petition for readmission to Western Nebraska Community College after two years have elapsed from the date of the final determination of expulsion.

Clause 1 - The petition shall be submitted in writing to the Dean of Student Services who shall review the circumstances of the case and refer the request to a five-person Readmissions Committee appointed for that purpose, whose members shall consist of the following individuals based on the type of expulsion:

 

 

Expulsion for Academic Reasons. Readmissions committee: the Dean of Student Services (serving as Chairperson), the Dean of Instruction, a student appointed by the President of the Student Government or Student Senate, and two faculty members (preferably one from the department in which the petitioner was last enrolled if a course of study had been declared, and one from a department other than that which the petitioner was last enrolled).

Expulsion for Non-Academic Reasons. Readmissions committee: the Dean of Student Services (serving as Chairperson), two students appointed by the President of the Student Government or Student Senate, a faculty member, and the Center Director from which site the student was last enrolled or a member of the Student Services staff in the case of a Scottsbluff student.

The appropriate Readmissions Committee shall meet with the petitioner and afford her/him the opportunity to present her/his case. Upon completion of the hearing the Committee shall deliberate in private and reach a decision. The decision of the Readmission Committee shall be final.

Clause 2 - The following factors shall be considered in readmission proceedings:

 

 

Academic and Non-Academic Expulsion - the severity of the original offense and the likelihood that the misconduct which resulted in expulsion will not be repeated or that other serious misconduct in violation of the WNCC Student Code of Conduct will not occur.

Clause 3 - Effect of Discipline within the College System

 

 

Suspension or expulsion shall be system-wide. A student who is suspended or expelled may not enroll at another WNCC site for the duration of the suspension or expulsion.

1. The Judicial Officer duties routinely shall fall to the Dean of Student Services. These duties and functions also may be performed by a member or members of the College staff or faculty as may be appointed by the President on a continuing basis or for the inquiry of specifically designated cases.

2. It is the duty of the Judicial Officer to preside as Chairperson at all meetings of the Judicial Board.

3. The Judicial Officer shall serve as a non-voting member of the Judicial Board.

4. The Judicial Officer shall answer any questions concerning the interpretation of the Judicial Code which she/he deems advisable, applicable, and practical during the course of the hearing.

5. The Judicial Officer shall have the authority to remove any person from the hearings who is disruptive.

6. The Judicial Officer shall reserve the right to suspend and reconvene a hearing for any compelling reason as deemed appropriate by her/him and the Judicial Board.

7. The Judicial Officer shall have the right to adopt any special procedures, as needed, provided that these procedures are consistent with the Judicial Code and provided that these special procedures are fully explained to all persons immediately concerned in the hearing.

SECTION A - General Composition

There shall exist one College Judicial Board to hear all appeals of student disciplinary decisions. Committee membership, excluding the Judicial Officer as Chairperson, shall be composed of a pool of nine (9) members from the College community as follows:

3 students appointed by the President of the Student Government and the Student Senate and the Alliance Center Director,

3 professional staff members appointed by the College President,

3 faculty members appointed by the College President.

SECTION B - Hearing Committee

The Judicial Board composition for each hearing shall consist of the Judicial Officer serving as Chairperson, and two representatives from each of the three categories listed above in Article VII, Section A. Selection will be made based on individuals' schedules and availability.

SECTION C - Terms of Service

The professional staff and faculty members will serve for a period of two years (beginning September 1 of the first year through August 31 of the second year), staggered so that only half the members are replaced each year. The first year shall have half the members serve a three-year term to avoid complete turnover after two years. The term for student members shall be at least one year, with two or three years preferred (based on the students' enrollment at the College).

SECTION D - Quorum

At least five of the members (including the Chairperson) must be present at any meeting of the Judicial Board in which business is conducted related to this code. In the event that a member cannot be in attendance for a full hearing, the existing Board shall continue on if the hearing is already in progress. If the member knows she/he cannot be available for the full hearing before proceedings begin, an appropriate replacement from the pool will be made.

SECTION F - Rights of the Judicial Board

The following shall be included in the basic rights of the Judicial Board of the College:

1. Right to question any person appearing before them.

2. Right to consult privately on any matter pertaining to the case at hand.

3. Right to adjourn the meeting to consult with College attorney concerning any matters pertaining to the case at hand.

4. Right to adopt any special procedures, as needed, provided that these procedures are consistent with the Judicial Code and provided that these special procedures are fully explained to all persons immediately concerned at the beginning of the hearing.

5. Right to enforce all provisions of the Judicial Code.

6. Right to challenge any Judicial Board member when cause is shown.

7. Right of any Judicial Board member to refrain from hearing a case.

The College Judicial Board shall hear, reach a determination, and discipline or dismiss cases of campus and College-related violations.

The Judicial Clerk/Recorder shall be the Student Services Senior Executive Secretary or other appropriate individual appointed by the Dean of Student Services. The Judicial Clerk/Recorder shall:

1. Keep a complete taped record of all proceedings of the Judicial Board, with the exception of the private deliberations of the Board.

2. At the completion of each hearing, prepare a manuscript of the taped hearing to be certified as correct by the Chairperson of the Judicial Board to include the following:

a. Name of all the individuals present.

b. Date, time, and place of the hearing.

c. The charge(s) or Appeals filed against the student(s).

d. The act out of which the charge arose.

e. A copy of the pertinent evidence presented on which the decision was based.

f. The decision of the Board regarding the charge, decisions, and the sanction(s).

4. Provide a copy of said materials to the Executive Vice President and the College President.

5. Provide a copy of said materials to the affected student (and faculty/staff member, if applicable).

WNCC recognizes the importance of maintaining an environment that preserves the academic freedom and civil rights of its faculty, staff, and students. Each student has the right to file a grievance on any abridgement of her/his rights by any staff/faculty member in accordance with the abridgements outlined in Clause 1 below.

SECTION A - Procedures

A student who questions abridgement of her/his rights should make an appointment with the Dean of Student Services to discuss the issue. Such a meeting must be initiated by the student within three (3) weeks after the alleged abridgement has occurred.

Clause 1 - Abridgements

1. Discrimination - Treatment by a faculty/staff member directed toward a student because of her/his race, color, religion, ethnic origin, gender, age, disability, marital status, or veteran status.

2. Violations of WNCC Board of Governors policies.

3. Unjust Treatment - Evidence of a pattern of negative behavior including but not limited to: verbal abuse in class or elsewhere on campus or nonfulfillment of an obligation to teach class.

The Dean of Student Servies shall investigate the complaint/grievance and may:

1. Recommend or require that the student first discuss the matter with the staff/faculty member whom she/he feels has abridged those rights and her/his supervisor,

2. Visit with appropriate staff/faculty member(s) to gather information, and/or

3. Attempt to mediate a discussion between the student and the staff/faculty member to clarify the matter and suggest alternatives if needed.

1. Dismissal of the grievance,

2. Referral to the Assistant to the President for Human Resources in the event of an alleged civil rights or WNCC Board of Governors policy violation or violation of the law,

3. Referral to the Dean of Instruction (or designee) in the event of alleged unjust treatment by a faculty member, or

4. Referral to the appropriate supervisor in the event of alleged unjust treatment by a staff member.
 
 

Every student has the right to appeal the final grade in a course, in accordance with the stipulations outlined below. Such an appeal must be initiated by the student no later than three weeks after the day grades are mailed.

SECTION A - Preliminary Procedure

A student who questions a course grade must:

1. Discuss the matter with his/her instructor. Clerical errors are usually handled in this manner, with the instructor signing the correction of official records. If the student believes the problem is not resolved, the student shall then

2. Visit with the appropriate Division Chairperson or the Assistant Division Chairperson to discuss the issue. If the concern still remains unresolved, the student may

3. Elect to file a written Grade Appeal at the Dean of Instruction's office for referral to the Peer Review Committee. A formal Grade Appeal may not be filed until steps 1 and 2 above have been completed.

A formal Grade Appeal may be filed if:

1. There is a dispute over the numerical calculation of the grade or

2. The grade assigned appears arbitrary and not indicative of the student's performance.

[Students who question an instructor's personal treatment of the student may discuss the matter with the Dean of Student Services as described under Article IV, Student Rights Grievances.]

The Peer Review Committee shall consist of one administrator and three faculty members:

A. The Dean of Instruction or designee serves as non-voting Chairperson

B. Three voting faculty members selected by the six Division Chairs from a pool of six faculty representatives, one from each academic department. The faculty member of the particular department involved in the grade appeal will not be eligible to serve on the Peer Review Committee.

1. General Information

Sexual harassment of Western Nebraska Community College students is expressly prohibited, and shall subject the offender to disciplinary sanctions as set forth herein. "Sexual harassment" is defined as physical and verbal conduct, which may include but is not limited to, unwelcome sexual advances or requests for sexual favors, when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's enrollment, participation, or affiliation with a College course, activity, or other College sanctioned program;

b. Submission to or rejection of such conduct by an individual is used as a basis for any decisions that may affect the collegiate standing of the individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive environment.

a. College students have the responsibility of keeping the Dean of Student Services or College Affirmative Action officer informed, through the most confidential and direct means possible, of all alleged acts and/or complaints of sexual harassments.

b. It is the responsibility of each College administrator, instructor, or other employee to assure that the College working and academic environment is free of sexual harassment or intimidation.

c. The Dean of Student Services or College Affirmative Action officer will have the responsibility for administering this policy, and all questions pertaining to the College's policy regarding sexual harassment should be addressed to the Student Services office or Affirmative Action officer.

a. Any allegation of sexual harassment will be investigated thoroughly in accordance with the procedure set forth herein.

b. Any college student with a complaint of sexual harassment should notify the Dean of Student Services or the College Affirmative Action officer.

c. Upon notification of the conduct, which allegedly constitutes sexual harassment under the definition set fort herein, the appropriate College officer so informed shall take immediate and appropriate corrective action. Due to the sensitive nature of an allegation of sexual harassment, every effort will be made at this stage to resolve the situation on an informal basis and to protect the anonymity of those individuals involved.

d. If, after the above steps are undertaken, the affected student is not satisfied, he/she may file a formal grievance with the College's Dean of Student Services or College Affirmative Action officer against the offending individual. These proceedings will be conducted in accordance with policies and procedures set out in "Student Rights Appeal" of the WCCA Board of Governors Policy Manual. (Policy Number 500.4300.83 or 500.4350.83).

e. Any College student or College employee who, under the procedures set forth herein, was found to have engaged in the sexual harassment of a College student will be subject to disciplinary sanctions which may include, but not be limited to, verbal and written reprimand, probation, required professional counseling or suspension from the College.

f. In determining whether conduct constitutes sexual harassment, the College will examine the record as a whole and the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incident occurred. The determination of the legality of a particular action will be made from the facts, on a casebycase basis.

g. Any student who feels that he/she is being subjected to conduct which, under the definitions and guidelines set forth herein, allegedly constitutes sexual harassment, should keep a detailed documentary record of the offending conduct (e.g., date(s), of incident(s), what was said or done, names of witnesses to incident(s), etc.)

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