Personnel Policy

POLICIES AND PROCEDURES
OZARKA COLLEGE

Sexual Assault, Stalking and Domestic/Dating Violence

Ozarka College is determined to provide a campus atmosphere free of violence and unwanted sexual conduct for all students, faculty, staff, and visitors.  This policy specifically addresses student conduct in cases of domestic and dating violence, sexual assault and stalking.  Portions of this policy and its definitions may parallel published laws, but are in no way intended to substitute or supplant those laws.  As members of the College community, personnel students are expected to comply with and abide by the College policies and guidelines, in addition to federal, state, and local laws.

Domestic and dating violence, sexual assault, and stalking are prohibited and will not be tolerated at Ozarka College.  As provided under Arkansas law, these acts are crimes and are punishable by fines and/or imprisonment; they may also be subject to civil suit for damages.  At Ozarka College, these acts are violations of policy regardless of race, ethnicity or culture, gender, age, sexual orientation, or disability.  The use of alcohol and other drugs in conjunction with an incident of domestic or dating violence, sexual assault, or stalking does not mitigate accountability for the commission of these acts nor diminish the seriousness of the offense.

The College holds violation of Orders of Protection to also be a violation of this policy and will initiate disciplinary action without waiting for a court decision, if College officials conclude that a violation has occurred.

Rape and Sexual Assault are criminal acts in which one person knowingly subjects another person to any sexual contact without consent, including use of force, deception, coercion, or if the person is mentally or physically disabled or incarcerated.  The trauma of rape and sexual assault tends to result from a person having lost control of his/her own body and possibly fearing death or injury.  For legal descriptions, see Arkansas Criminal Code Title 5, Chapter 14, Sub-chapter 1

Stalking is a criminal act in which one person purposely and knowingly causes another person substantial emotional distress or reasonable fear of bodily injury or death by repeatedly following harassing, threatening, or intimidating the victim.  Stalking includes, but is not limited to the following behaviors:
• Repeated following or pursuing;
• Threatening or obscene gestures;
• Non-consensual communication;
• Trespassing;
• Vandalism; and/or
• Non-consensual touching.
Cyberstalking (also known as online harassment or electronic stalking) is offensive, threatening communication through the internet, via e-mail, chat rooms, instant messaging, etc.  For the legal description, see Arkansas Criminal Code 5-71-229

Domestic/Dating Violence is a pattern of behavior in which one partner uses fear and intimidation to establish power and control over a family/household member or intimate partner, often including the threat or use of violence.  This form of violence may include, but is not limited to, actions that cause bodily injury through physical, emotional, psychological, economic, or sexual means; and may cause reasonable fear of harm on the part of the victim/survivor, or threaten children or pets.  Such violence may be done knowingly or negligently on the part of the perpetrator.  Violence in domestic and dating relationships tends to escalate in frequency and intensity over time.  The longer it continues, the greater the risk of the victim being seriously injured or killed.  Domestic/dating violence and abuse occur among all races, ages, classes, and religious groups. For legal descriptions, see Arkansas Criminal Code Title 5, Chapter 26, Sub-chapter 3

Student Conduct Policy

POLICIES AND PROCEDURES
OZARKA COLLEGE

SUBJECT AREA:  Student Services
POLICY/PROCEDURE:  Student Conduct

DATE:  May 1994 NUMBER:  5.40
REVISED: October 1998, Sept. 2000, May 2001

General

Because college students are mature, their conduct will be dignified and honorable and will epitomize the mission of the College.  Students will consider that they are seen as representing Ozarka College and that the reputation of the College rests with them. They will also recognize that they are part of a community and therefore mutually responsible for behaving civilly toward their fellow students and other members of that community.

Student Rights and Responsibilities

Students enrolled at Ozarka College are expected to conduct themselves as responsible individuals.  Students are subject to the jurisdiction of the College on College matters during their period of enrollment, and the College reserves the right to take disciplinary action against those students who, in the opinion of the College, have not acted in the best interest of the students or the College.

Disciplinary action may consist of verbal reprimand, payment of restitution for damages, restriction of privileges, suspension, or dismissal.  Students have the right of due process.

College Rules

1. Alcoholic Beverages
Any student guilty of drinking, being under the influence of, or possessing intoxicating beverages on College property or at College functions is subject to disciplinary action and/or state and/or federal law (See BPPM 2.47).

2. Illegal Use of Drugs
The illegal use of drugs is strictly prohibited on College property or at College functions.  Any student found using, under the influence of, in possession of or distributing illegal drugs is subject to disciplinary action and/or state and/or federal law (See BPPM 2.47)

3.   Sexual Assault, Stalking and Domestic/Dating Violence
Ozarka College is determined to provide a campus atmosphere free of violence and unwanted sexual conduct for all students, faculty, staff, and visitors.  Domestic and dating violence, sexual assault, and stalking are prohibited and will not be tolerated at Ozarka College.  At Ozarka College, these acts are violations of policy regardless of race, ethnicity or culture, gender, age, sexual orientation, or disability.  The use of alcohol and other drugs in conjunction with an incident of domestic or dating violence, sexual assault, or stalking does not mitigate accountability for the commission of these acts nor diminish the seriousness of the offense. The College holds violation of Orders of Protection to also be a violation of this policy and will initiate disciplinary action without waiting for a court decision, if College officials conclude that a violation has occurred.  (See BPPM 2.48.1)

4. Smoking
 
Students may smoke only in designated smoking areas.  Failure to comply with this policy could result in disciplinary action (See BPPM 2.41).

5. Assembly
No person or persons shall assemble in a manner which obstructs the free movement of persons about the campus or the free and normal use of College buildings and facilities, or prevents or obstructs the normal operations of the College.

6. Disruption of Classes
No person or persons shall engage in any activity in the classroom or on the College grounds which has the effect of disrupting classes.

7. Signs
With the exception of bulletin boards, students may erect or display signs or posters on the campus only upon the authorization of the Vice President for Finance.  Students shall not deface, alter, tamper with, destroy, or remove any sign or inscription on College property (See BPPM 2.40).

8. Solicitation of Funds
No student or student organization may use campus facilities, solicit funds or schedule activities unless such action has been approved by the Vice President for Academic Affairs or the President (See BPPM 2.40).

9. Arms/Deadly Weapons
Firearms (except for those possessed by officers of the law), are strictly prohibited on College property or at any activity sponsored by the College.  Any student possessing deadly weapons is subject to disciplinary action. 

10. Cheating
Any student caught cheating is subject to disciplinary action.  Such action may be taken by the faculty member in accordance with College procedures when deemed necessary.

11.     Counterfeiting and Altering
Students shall not reproduce, copy, tamper with, or alter in any way, manner, shape, or form, any writing, record, document, or identification form used or maintained by the College.

12. Theft of Property
Any theft of personal or College property will be treated as a violation of College rules and may lead to disciplinary action and/or state and/or federal penalties.

13. Vandalism
The destruction or mutilation of College property is prohibited.  Such action may result in required payment of restitution and/or disciplinary action.

14. Use of College Facilities
 
Students are permitted on campus during the times established in the College Calendar, during normal College hours.  Students wishing to use College facilities at other than those times must request permission from the Vice President for Academic Affairs.

15. Financial Responsibility
Students in debt to the College in such matters as fees, fines, or loans, shall not be permitted to register for a succeeding session, nor will grades, records, degrees, etc., be awarded or released until such accounts are satisfied.

16.    Motor Vehicles
The College provides and maintains sufficient parking areas for staff, students, and visitors.  All individuals are required to adhere to College parking regulations (See BPPM 3.36).

It should be noted that the College assumes no responsibility for loss, theft, or damage to vehicles parked in the College parking areas. 

Speed is limited to 10 miles per hour while on College grounds.

17. Emergency Closing of Campus
When it is necessary to close the College on an emergency basis, the student will be notified by College staff and/or the mass media.  Immediate closing of campus may occur due to inclement weather (or other reasons), depending upon the severity of the event.

Students are requested to listen to designated radio stations for emergency closing instructions (See BPPM 3.33).

Due Process for Student Conduct Violations

1. The College shall publish student conduct regulations and make them available to all students no later than the first day of instruction.

2. Cases of student misconduct and/or lack of academic integrity are to be referred to the Vice President for Academic Affairs for evaluation.

The Vice President for Academic Affairs shall be responsible for all initial disciplinary procedures.  All cases meriting suspension or disciplinary dismissal shall be referred to the President.

3. Faculty can recommend to the Vice President for Academic Affairs that a student be withdrawn from a course, program, or the College for disciplinary reasons.  Students recommended for dismissal will be notified by their advisors and will be given an opportunity to be heard by the Vice President for Academic Affairs before such action is final.

 
Student Grievance Procedure

The following procedure will be used in case of any non-academic complaint or grievance:

1. Within five (5) working days of the alleged grievous incident, the complainant must present the complaint in written form to the Office of the Vice President for Academic Affairs, who is designated as the Grievance Officer.

The written complaint must include the specific grievance/complaint and specific remedies sought by the student.

2. The Vice President for Academic Affairs will investigate and respond to the complainant in written form within five (5) working days of receiving the written complaint.

3. If not satisfied, the complainant may appeal in writing to the President within five (5) working days of receiving the written findings of the Vice President for Academic Affairs.

4. The President will respond in written form within five (5) working days.

5. If complainant is not satisfied at this level, an appeal may be made in writing to the College Board of Trustees within five (5) working days.  The Board will review the complaint/grievance at the next regularly scheduled meeting and render a decision within ten (10) working days.  The decision of the Board shall be final.

7. A student who feels subjected to Civil Rights violations may appeal to the Office of Civil Rights directly.

8. All written grievances filed by a student with the Vice President for Academic Affairs, along with any related documents, will be logged in an official register by the Vice President and maintained for a period of no less than two years after the initial filing.





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