Student Handbook 2010-2011 - Holyoke Community College

2. The college and/or the alleged victim may initiatecollege disciplinary action against the personaccused of rape, acquaintance rape, or other sexoffenses, forcible or nonforcible. Possible sanctionsto be imposed following the final determination ofan on-campus disciplinary procedure regarding rape,acquaintance rape, or other sex offenses, forcible ornonforcible, may include the following: restitution,disciplinary probation, suspension, dismissal for anindefinite period, or expulsion.3. If on-campus disciplinary action is instituted, thecollege shall follow its disciplinary procedures. Thestudent code of conduct and student disciplinarysanctions are stated in this handbook.Sexual Harassment PolicySexual harassment is a form of illegal discrimination whichis defined as “unwelcome sexual advances, requests for sexualfavors and/or other verbal or physical conduct of a sexualnature which has the effect of denying equal educational oremployment opportunities.” There are two types of sexualharassment:1. Quid pro quo, in which educational or employmentbenefits are conditioned on the granting ofsexual favors. An example would be a request by aninstructor for sexual favors in return for a passinggrade; and,2. Hostile Environment claims abusive, intimidating orharassing verbal or expressive behavior which isdirected toward an individual based on a protectedcharacteristic, such as sex.Federal and state standards for determining whether a sexualharassment claim is actionable vary. There are five fundamentalguidelines:1. The individual belongs to a protected category (sex).2. The individual was subjected to unwelcome sexualharassment.3. The harassment complained of was based upon sex.4. The harassment complained of affected a term, acondition or a privilege of education or employment.5. The institution or its representatives knew, or shouldhave known, of the harassment and failed to takeprompt, effective, remedial action.Students’ rights are protected under Title IX. It states “noperson in the United States shall, on the basis of sex, beexcluded from participation in, be denied the benefits of, orbe subjected to discrimination under any educational programor activity receiving Federal financial assistance.” [20U.S.C. 1681 (1982)]Students who feel they have been subjected to sexual harassment,either quid pro quo or a hostile environment, shouldreport this to the Affirmative Action officer (FR 317), (413)552-2228. As an agent of the institution, the student grievanceofficer is required by law to investigate and meet withthe accused to obtain his or her version of the events. Theindividual making this claim is given the option of meetingthe accused; however, he or she is not required to do so. Theinstitution will conduct an investigation, a written warningor other appropriate disciplinary action against the accused(provided that sufficient evidence supporting the alleged victim’sallegations is uncovered) will be taken.Smoking PolicySmoking is prohibited in all Holyoke Community Collegebuildings and currently is prohibited within 20 feet of allentryway doors. Note: this policy is subject to change in theevent that HCC becomes a smoke-free campus.Student Code of ConductIntroductionHolyoke Community College is committed to providing acollegiate atmosphere that is free of any conduct that couldbe considered harassing, abusive, disorderly, or disruptive.The college recognizes and will endeavor to protect therights of all students, faculty and staff members to be treatedwith respect and courtesy. Any behavior which may havebeen influenced by a student’s mental state (irrespective ofthe ultimate evaluation), or use of drugs or alcoholic beverages,shall not in any way limit the responsibility of the studentfor the consequences of his or her actions.All students are expected to abide by the rules and regulationsof the college and local, state and federal laws. Forcases where violations occur, policies and procedures havebeen developed to protect the rights of all members of thecollege community, individually and collectively. The proceduresdescribed below are not intended to prohibit theinvolvement of civil authorities in cases related to violationof laws.DefinitionsAccused Student: The student who is alleged to haveviolated the college’s Student Code of Conduct.Administrative Disposition: A resolution of a complaint,which is mutually agreed upon by the CCO andthe accused student. An administrative disposition shallresult in an accused student waiving his/her right to ajudicial board hearing or appeal.Appeals Officer: The person designated by the college’sPresident to hear student appeals of a judicial boardfinding. The appeals officer is the Vice President forStudent Affairs.53