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Student Rights and Responsibilities
CODE OF CONDUCT
Oregon College of Art and Craft is dedicated to creating an environment in which all students and community members can thrive. In affirming its commitment to a philosophy of mutual respect and tolerance, the College values individual differences and recognizes the necessity to maintain a safe and respectful community where ideas and values can be freely shared. All community members are responsible through practice and example to ensure that the College remains conducive to teaching and learning.
The following guidelines provide a basis for each student to know his or her responsibilities as a member of the College community, as well as the consequences of not meeting these responsibilities. These standards of behavior were developed and set forth to safeguard a healthy community for all members.
STUDENT RIGHTS AND RESPONSIBILITIES
1. Protection of Freedom of Expression
The faculty member, in the classroom and in conference, should encourage free discussion, inquiry, and expression. Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they enroll.
2. Protection Against Improper Academic Evaluation
Students are responsible for maintaining the standards of academic performance established for each course in which they are enrolled. They are expected to clarify expectations and requirements with teachers in order to minimize arbitrary academic evaluation. Students have the right to challenge a grade through due process in cases where the student feels the teacher’s judgment is questionable.
3. Academic Integrity
All OCAC students are required to uphold the student Code of Conduct in their work and scholarship, maintaining the highest possible level of the academic integrity. The code ensures that students are held to the greatest standard of intellectual honesty in their scholarship and creative practice.
Forms of Academic Dishonesty Conduct consisting of violations of academic integrity include, but are not limited to, the following:
- Plagiarism - The use of another’s words, ideas, images, concepts, data, or product without appropriate acknowledgement, such as copying another’s work; presenting someone else’s studio work, opinions and theories as one’s own; or working jointly on a project and then submitting it as one’s own
- Cheating - The intentional or attempted use of unauthorized materials, information or study aids and unauthorized copying or collaboration in any academic or studio work
- Fabrication - Intentional misrepresentation and unauthorized fabrication or invention of any information or citation in any academic or studio work such as falsifying research, inventing data or fictitious references
- Collusion - Facilitation of academic dishonesty, or intentionally helping or attempting to help another to violate any provision of Academic Integrity policy
4. Improper Conduct
The College may impose disciplinary action and sanctions on any student whose conduct on or off campus adversely affects the academic community, particularly if the student shows failure to accept responsibility for the welfare of other persons (Please refer to “Student Conduct Process”). Certain kinds of misconduct are recognized as being disruptive to the educational process. These include, but are not limited to, the following:
a. Physical or verbal abuse, intimidation, or harassment (bullying) of another person or group of persons.
b. Deliberate or careless endangerment; tampering with safety alarms or equipment; violation of specific safety regulations; failure to render reasonable cooperation in any emergency; possession or use of firearms, knives, (excep non-spring pocket knife), other weapons, and explosives or fireworks on campus.
c. Obstruction or forcible disruption of regular college activities, including teaching, research, administration, campus services, discipline, organized events, or operation and maintenance of facilities; interference with free speech or movement of academic community members; refusal to identify oneself when requested by college staff or faculty, or to obey any lawful instruction from a college official or faculty member to discontinue or modify any action which is judged disruptive.
d. Providing false information, alteration or misuse of documents, plagiarism, or other academic cheating, misrepresentation, or fraud.
e. Obscene, indecent, or grossly inconsiderate behavior; exposure of others to highly offensive conditions; disregard for the privacy of self or others.
f. Theft, abuse, or unauthorized use of personal or public property, including unauthorized entrance into college facilities, possession of stolen property, or littering.
g. Illegal use, sale, or possession of stimulants, intoxicants, drugs, or paraphernalia.
h. Use or possession of open containers of alcoholic beverages on campus other than at approved locations and events.
i. Gambling on campus or at organized student activities.
j. Failure to comply with the lawful direction of any college official, staff member, or student employee who is acting in performance of duties of position or is explicitly assuming responsibility on behalf of the College in the absence of a particular official. Students who receive orders which they consider unreasonable, although not illegal, must obey them at the time and may bring a formal complaint later against the issuing faculty or staff members by writing to the immediate supervisor or department head, or in the case of the issuing faculty or staff member holding one of the previous mentioned positions, by writing to the President. (Emergency orders may supersede some written regulations.)
k. Deliberate incitement of others to commit any of the acts prohibited above; involvement as an accessory to any of the prohibited acts by providing assistance or encouragement to others engaged in them, or by failure to separate oneself clearly from a group in which others are so engaged when there is sufficient time and opportunity.
l. Failure to comply with applicable building or grounds regulations, including the published safety and security policy. If accused of improper conduct, or if filing a grievance, students are protected by the Oregon and United States Constitution, and where infringements of the code have been alleged, are entitled to due process as outlined in this Student Handbook. If accused of improper conduct or if filing a grievance, students have the following rights and responsibilities:
1. The right to a clear written description of the alleged misconduct at the point when due process is initiated
2. The right to deny the charge and respond to the alleged misconduct for verification or clarification
3. The right to appeal rulings made by faculty/staff, including supervisors and department heads
4. The right to privacy. The substance of the due process is not disclosed beyond the responsible parties unless necessary or where by the nature of the activity or investigation, privacy cannot be guaranteed
5. The right to a hearing, attended in the company of an advisor of the student’s choice
1. Students are responsible for communicating to faculty/staff within the timeline outlined in the following procedures, including initiating any grievance process in a timely manner.
2. Students are responsible for maintaining confidentiality for the duration of a disciplinary or grievance procedure.
3. In order to ensure confidentiality and impartiality, students are responsible for following the proper line of communication in the following procedures.
4. Students charged with alleged misconduct are entitled to due process in keeping with the policies and procedures outlined under the Student Conduct Process.
Student Conduct Process
Allegation of Misconduct
The student conduct process at OCAC is not intended to punish students; rather, it exists to protect the interests of the community and to challenge those whose behavior is not in accordance with our policies. Sanctions are intended to challenge students’ moral and ethical decision-making and to help them bring their behavior into accord with our community expectations. When a student is unable to conform their behavior to community expectations, the student conduct process may determine that the student should no longer share in the privilege of participating in this community.
Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct procedures are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Due process, as defined within these procedures, assures written notice and a hearing before an objective decision-maker. No student will be found in violation of OCAC policy without information showing that it is more likely than not that a policy violation occurred and any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student.
Any student, faculty or staff member of OCAC may present a written allegation to the Director of Enrollment Management and Alumni Affairs if they believe a student has engaged in conduct proscribed by this code. Allegations may not be anonymous. A student facing an alleged violation of the Code of Conduct is not permitted to withdraw or take a leave of absence from OCAC until all allegations are resolved.
If a violation has been found, and if the sanction is suspension or expulsion, the Director of Enrollment Management and Alumni Affairs shall also inform the student of the appeal process, including the period of ten (10) calendar days to appeal the sanctions to the student conduct board. Other sanctions may not be appealed.
Student Complaints and grievance Procedures
OCAC is committed to resolving student complaints in a timely and effective manner.
It is hoped that minor differences can be resolved without recourse to the process listed below. However, there may be situations where a more formal process may be necessary. This process is intended to settle disputes through reasoned discussion. It is not intended to supplant the student conduct process or the administrative rules of the college. Usually the resolution of a complaint or grievance involves resolution of the problem/issue; not punishment of those involved.
Students who intend to file a complaint or a grievance must follow the instructions below.
A) Informal Complaint: An informal complaint is defined as an academic or non-academic issue that a student has with a faculty/instructor, staff member, administrator, or department or program of the College.
B) Non-Academic Grievance: A non-academic grievance occurs when a grievance form has been filed because a student believes that he/she has been dealt with arbitrarily, unfairly or in ways which violate established laws, rules, policies or procedures, or past practices by the College as a whole or any unit or agency or function thereof and in a manner that has caused actual harm to the student.
C) Academic Grievance: An academic grievance occurs when a grievance form is submitted because a student believes he/she has been harmed by being treated arbitrarily or unfairly within the context of the course. In order to file an academic grievance, the student must demonstrate actual harm. It does not involve perceived rude treatment, classroom style or general grading policies. For example, the student may not like a particular professor’s classroom style or grading practices as a whole, but this does not constitute grounds for a grievance. The student may, however, use the informal complaint process to talk with an administrator about the perception of inappropriate behavior.
The assignment of course grades are at the heart of the faculty member’s responsibility. Only the responsible faculty member can judge students’ performance in a particular course. Thus, only the responsible faculty member can assign or recommend changes of grades for his or her courses. If the complaint is about a grade, please see the grade appeal policy located on page 17 of the student handbook.
D) Complainant/Grievant: A complainant/grievant is an individual who believes his/her rights have been violated.
E) Respondent: A respondent is an individual who is the subject of the grievance or complaint, if applicable.
F) Appellant: An individual who is filing an appeal.
G) Appeal: The resolution of an academic or non-academic grievance may be appealed. Appeals must be based on the issue of substantive or procedural errors which are prejudicial to impartial consideration of the case.
H) Confidentiality: It is understood that committee members, faculty, staff, and administrators involved in the discussion of complaints or grievances will maintain professional standards of confidentiality. Students should be aware that every effort will be made to maintain confidentiality; however, College officials may be obligated to disclose information to law enforcement or other agencies as required by law.
Student Complaints (informal process)
Resolving a Non-Academic Informal Complaint
The student must first discuss and attempt to resolve the issue with whomever the issue arose, if at all possible. Please note, this requirement does not apply in cases of alleged sexual harassment, sexual misconduct or discrimination. In those cases, the student should contact the Title IX Coordinator. In the event that such an informal discussion is not possible or the issue is not resolved, then the student should contact the student services coordinator to try and reach an informal resolution. If an informal resolution cannot be obtained by the student services coordinator, the informal complaint will go to the Director of Enrollment Management and Alumni Affairs.
The Director of Enrollment Management and Alumni Affairs shall attempt to resolve the matter and report the decision, in writing, to the complainant(s) and respondent(s) via their OCAC email address within fifteen (15) work days of receiving the complaint.
Resolving an Academic Informal Complaint
The student must first discuss and attempt to address the issue with the faculty/instructor. In the event this is not feasible, or the student and faculty/instructor have not resolved the issue, the student will contact the respective Department Head.
The Department Head receiving the complaint shall attempt to resolve the matter and report the decision, in writing, to the complainant(s) and respondent(s) via their OCAC email addresses within fifteen (15) work days of receiving the complaint.
Grievance (formal complaints)
Initiating a Grievance
If the complaint is not resolved informally and the student wishes to continue the process, the student must present a completed grievance form available at the Red House or online at https://ocac.edu/students to the student services coordinator. The student services coordinator will meet with the student to determine the nature of the grievance (academic/non-academic) and route the grievance form accordingly for proper follow-up as outlined below.
Non-academic grievances shall be submitted to the Director of Enrollment Management and Alumni Affairs. A non-academic grievance must meet the definition in order to be reviewed and/or heard and not be covered by any other College policy, procedure, or administrative rule (i.e., student code of conduct). The Director of Enrollment Management and Alumni Affairs shall investigate.
The Director of Enrollment Management and Alumni Affairs shall attempt to resolve the matter and is required to report the decision, in writing, to the complainant(s) and respondent(s) via their OCAC email addresses within fifteen (15) work days of receiving the grievance form.
If the grievant(s) wishes to appeal the grievance decision, the student must notify the director of enrollment management and alumni affairs, by email, within ten (10) work days of receiving the decision, or if no decision was issued, no later than ten (10) work days after the applicable decision deadline.
Academic grievances shall be submitted to the Dean of Academic Affairs. A academic grievance must meet the definition in order to be reviewed and/or heard and not be covered by any other College policy, procedure or administrative rule (i.e. student code of conduct, grade appeal policy, etc.). The Dean of Academic Affairs shall investigate the grievance.
The Dean of academic Affairs then has fifteen (15) work days to make a determination and report the decision, in writing, to the complainant(s) and respondent(s) via their OCAC email addresses.
If the grievant(s) wishes to appeal the grievance decision, the student must notify the Dean of Academic Affairs, by email, no later than ten (10) work days of receiving the decision, or if no decision was issued, no later than ten (10) work days after the applicable decision deadline.
In instances where the Dean of Academic Affairs or the Director of Enrollment Management and Alumni Affairs is the subject of the complaint, or has decided the student’s informal complaint, the student should submit the completed grievance form to the President for resolution. The President then has fifteen (15) work days to make a determination and report the decision, in writing, to the complainant(s) and respondent(s) via their OCAC email addresses.
Initiating an Appeal
A student may submit an appeal within ten (10) work days of the notification of the grievance decision, or if no decision was issued, no later than ten (10) work days after the applicable decision deadline . The specific grounds to be addressed are:
a) Were the procedures of the policy followed?
b) If a procedural error occurred, were the rights of the grievant violated to the extent that a fair review was not conducted?
c) Was the review conducted in a way that did not permit the grievant adequate notice and opportunity to present facts?
d) Was the information presented during the review sufficient to justify the decision reached?
e) Was there relevant information existing at the time of the review that was not discovered until after the review that is sufficient to alter a decision?
An appeal must be in writing and contain:
1. The appellant(s)’s name, student identification number, and contact information, including email address
2. A detailed description of the nature of the appeal
3. A copy of the findings of the complaint review/hearing and supporting documents
4. The specific grounds supporting the appeal. This must be one of the criteria listed in Section IV (A), above.
5. A detailed description of the relief sought
6. Signature of appellant(s)
7. Date of grievance submission
The Appeal Process
To file an appeal, the student must submit a completed appeal to Director of Enrollment Management. The appeal will be reviewed within fifteen (15) work days of receipt and the appropriate individual will notify the complainant(s), respondent(s) of the decision to convene a committee to review the appeal or not.
In the event of an appeal, no less than five (5) members of the committee that consists of faculty and staff must be present to hear the case. In the event of a split vote the appeal is denied.
An appeal is limited to a review of underlying decision, the file supporting the decision as provided by the decision-maker, and any statement supporting the appeal submitted by the appellant:
a) To determine if the grievance procedures policy and investigation was conducted fairly in light of the complaint and grievance made and information presented and giving the appellant(s) a reasonable opportunity to present information. A deviation from procedures required by this policy will not be a basis for sustaining an appeal unless significant prejudice of impartial consideration of the case results;
b) To determine whether the decision reached regarding the matter was based on substantial information, that is, whether there were facts that, if believed by the dean of academic affairs or College administrator, were sufficient to support the grievance decision;
c) To consider new information sufficient to alter a decision or other relevant facts not brought out in the original complaint or grievance, but only if such information or facts were not known to the grievant at the time of presenting the grievance.
If the committee overrules a decision in whole or in part, it may:
a) Modify the decision; or
b) Remand for further proceeding.
No appeal shall be allowed unless the appellant cites specifically to the grievance record and states with specificity the grounds under which the appeal shall be allowed. Any appeal submitted that does not include the required information will be dismissed without review.
The committee shall be responsible for reviewing substantive or procedural appeals from the decision(s) of the dean of academic affairs or the director of enrollment management.
Decisions of the committee are final. There is no further appeal within the Student Grievance procedures policy.
Student conduct process
Overview of the Student Conduct Process
Oregon College of Art and Craft (OCAC) is a community that thrives on the diversity of its members, including students, faculty, and staff. As a learning community, it is essential that all members of the community understand and respect the rights of others and conduct themselves in a manner that acknowledges respect for others. OCAC will not tolerate any racial, religious, sexual, or ethnic slurs, or malicious actions that are demeaning to any individual or group. Any such action will be viewed as conduct unbecoming a member of the College community and will lead to disciplinary action. While effort has been made to clarify standards of behavior considered necessary within the OCAC community, the conduct codes cannot cover every form of unacceptable behavior. Students are expected to conduct themselves in a manner that respects both the personal and property rights of others. Students are responsible both personally and financially for their individual conduct and for the conduct of any and all guests.
Students are expected to be honest and straightforward in their dealings with OCAC and the members of the campus community. Misleading college officials or the Student Conduct Board regarding a disciplinary matter is in itself a violation of the Student Code of Conduct. Signing someone else’s name to an official document without permission is considered a serious violation of the Student Code of Conduct. Similarly, lending or borrowing another student’s ID or in any way being dishonest about one’s identity is considered a serious violation of the Student Code of Conduct. Failure to observe college regulations and applicable local, state or federal laws may result in disciplinary action such as probation or discontinuation from enrollment, without a refund of tuition.
1. The Director of Enrollment Management and Alumni Affairs reviews the incident report and determines if it should be referred to the Student conduct board or will be heard administratively.
2. The student will be notified of the allegations and charges and if it has been referred the Student conduct board or if the student will be meeting with the director of enrollment.
3. The Director of Enrollment Management and Alumni Affairs shall investigate the facts underlying the allegation. The investigation shall include contact with the student that allows the student to present a written and/or oral explanation of the facts and circumstances underlying the alleged conduct.
4. All physical evidence, written statements, and notes of oral statements taken in any investigation shall be maintained in the case file relevant to the matter.
5. If the Director of Enrollment Management and Alumni Affairs does not find probable cause to believe that conduct constituting a violation of this code has occurred, the charge shall be dismissed with a written finding of lack of probable cause.
6. The finding of suspension shall be placed in the case file, with copies delivered to the student, and a notification sent to the complaining party.
If the Director of Enrollment Management and Alumni Affairs finds probable cause to believe that conduct occurred constituting a violation of this code, the Director of Enrollment Management and Alumni Affairs will further investigate the allegation. A determination of responsibility is based on preponderance of evidence that conduct constituting a violation occurred or that it did not occur. The Director of Enrollment Management and Alumni Affairs will provide written findings and conclusions to the accused student.
Setting of Sanctions
If the Director of Enrollment Management and Alumni Affairs does find a violation, the director shall then investigate all data relevant to the imposition of a sanction, including the data of the incident and disciplinary record of the student. The Director of Enrollment Management and Alumni Affairs shall record and file all the results of the investigation in the manner prescribed by this code. Based upon these investigations, the Director of Enrollment Management and Alumni Affairs may propose any of the sanctions set forth below under “Permissible Disciplinary Sanctions.”
Filing of Findings
Following findings as to a violation or its absence, and the appropriate sanction, if any, the Director of Enrollment Management and Alumni Affairs shall file the findings, with a subsequent explanation, and deliver copies to the student.
Appeal of Findings and Sanctions
If a violation has been found, and if the sanction is suspension or expulsion, the Director of Enrollment Management and Alumni Affairs shall also inform the student of the period of ten (10) calendar days to appeal the sanctions to the Dean of Academic Affairs.
Student Conduct Board
The College Student Conduct Board is a committee composed of one faculty member, one staff member, and one to two students appointed by the Student Services Coordinator in consultation with the Director of Enrollment Management and Alumni Affairs . students and staff representatives. A minimum of two (2) faculty members, including residents, one (1) student representative and one (1) staff member, is considered a quorum for a Student Conduct hearing board. The committee meets monthly to review written complaints and performance reports referred to them from the Director of Enrollment Management and Alumni Affairs that reflect failure of a student to maintain behavioral standards according to the Code of Conduct. If any of these Board members (students, staff, faculty, or the Student Services Coordinator) is a party to the incident in question, they may be replaced by an alternate member appointed by the Dean of Academic Affairs or Director of Enrollment Management and Alumni Affairs Services and Alumni Affairs
The Board hears allegations of violations of College policies. The Student Services Coordinator convenes the Student Conduct Board and notifies all parties involved in the case of the time and place of the Student Conduct Board Meeting. Hearings are recorded to ensure an accurate record of the proceedings, should there be an appeal.
Normally, three Board members are present for the hearing of all cases, depending on the severity of the case and/or the availability of Board members.
The case is presented by the Student Services Coordinator and confidentiality of proceedings is explained.
Evidence is presented and witnesses to the event are heard by the Board. A student who is answering charges will have the opportunity to respond to accusations, respond to statements made by witnesses, and to examine evidence.
Findings are based on clear and convincing evidence that the infraction has taken place.
After hearing the case, the Student Conduct Board excuses everyone while it considers the evidence presented. Every effort will be made to notify students answering charges of the Student Conduct Board’s decision within 48 business hours of the hearing.
The sanctions for students found to have committed violations of school policy are decided by the Board. In determining sanctions, the Board will consider precedents, the nature and seriousness of the infraction, and whether or not the student has committed prior infractions.
A confidential record of any disciplinary action is kept by the Student Services Coordinator. Records of prior infractions may be revealed to the Student Conduct Board AFTER a finding has been made, but BEFORE final determination of the sanction.
Sanctions Available to the Student Conduct Board
The Student Conduct Board Warning is reserved for minor violations. At most, a student will receive only one warning; all subsequent violations result in one or more of the following penalties:
• Fines: (costs can range depending on damaged college property)
• Campus Service: (2 to 25 hours)
• Disciplinary Probation: Disciplinary Probation results from cases of unacceptable student behavior as defined by the Student Code of Conduct, Student Rights and Responsibilities, other college policies and procedures, and/or by federal, state and/or local law. While disciplinary probation can involve infractions of an “academic” nature (cheating on an exam, plagiarism, unacceptable behavior in a classroom setting) it should not be confused with “academic probation” (see Academic Policies section), which is usually imposed when a student’s cumulative grade point average (GPA) falls below a 2.0 (UG) or 3.0 (GR) on a 4.0 scale.
Disciplinary Probation is a serious sanction; further violations while on probation may lead to immediate discontinuation from enrollment. Disciplinary Probation is noted on the student’s permanent disciplinary record. Students may be placed on Disciplinary Probation from one semester to the remainder of their enrollment at the College.
Restitution of Damages: Students may be required to make restitution of damages to other students, to OCAC, or to any other parties harmed by their actions.
Removal from Residence Life: This is a serious measure taken when there is clear and convincing evidence that the student’s behavior creates a serious threat to him or herself or to others. When students are dismissed from the College, they are automatically dismissed from student housing as well (if applicable), and the student will be held responsible for any balance owed to the College.
Disciplinary Dismissal from the College: Dismissal of a student from the College is a serious measure taken when there is clear and convincing evidence that the student’s behavior creates a serious threat to that student or others or there is a pattern of infractions or behavior in violation of the Student Code of Conduct, Student Rights and Responsibilities, Academic Policies, other College policies and procedures and/or federal, state and/or local law. A student may apply to return from Disciplinary Dismissal after the stipulated number of terms away.
Expulsion from the College: Expulsion from the College constitutes the most serious sanction given by the College. Expulsion from the College is permanent. Should a student be sanctioned with expulsion, he or she will not be allowed to return to OCAC and is considered “persona non grata” and is prohibited from campus, including, but not limited to, the studios, classrooms, the café, galleries, and administrative offices.
The Student Conduct Board can also recommend/require participation in educational programming, counseling, or other rehabilitative service(s) relating to the violation. Students may not bring legal counsel to the hearing, unless there is a pending case, or a case that is likely to become pending, based on the same incident. In such cases, the lawyer’s purpose is to advise the student against self-incrimination and their legal rights and responsibilities. Other than this role, legal counsel does not address the Student Conduct Board directly.
NOTE: A student who is answering charges is required to attend the Student Conduct Board hearing. Failure to attend may result in a fine and/or further disciplinary sanctions. The Student Conduct Board may choose to make a determination without the presence of the student answering charges. When the College believes, on the basis of available information, that the student’s continued presence on campus or in student housing endangers him/herself or others, the Dean of Academic Affairs or Director of Enrollment Management and Alumni Affairs may suspend the student, without prejudice, immediately from the College and/or College residences, pending determination by the Student Conduct Board.
At the time a student is informed of a sanction or finding of the Student Conduct Board, the Student Services Coordinator will also inform the student that he or she has a right to appeal (on the basis that the process was flawed or that there is new evidence) and that the request for an appeal must be submitted to the Student Services Coordinator in writing within 48 hours of delivery of the decision.
If no appeal is filed, the sanction will be implemented. The Student Conduct Board may be notified if a student is filing an appeal. If the student initiates an appeal within 48 hours, implementing sanctions is suspended until the appeal is heard. The Dean of Academic Affairs or Director of Enrollment Management and Alumni Affairs will determine if there are sufficient grounds for the appeal to proceed. If the Dean of Academic Affairs or Director of Enrollment Management and Alumni Affairs is involved in the complaint, the appeal is heard by the College President, who will determine the outcome of the appeal.
The appeal will include:
• A review of the previous hearing, including written statements submitted by all parties, a record of the proceedings, and written record of the findings.
• A written statement by the appealing party describing, in full, the basis of the appeal (procedural error or additional evidence).
• Statements that the appealing party cares to make at the appeal.
• Statements made by others in response to the assertions or charges of the appealing party.
If the basis of the appeal is additional evidence, the nature of that evidence must be described in writing by the appealing party and produced for the hearing. If the basis of the appeal is procedural flaw, the appealing party presents a written statement explaining the nature of that flaw.
Reasonable efforts will be made to check assertions or assumptions presented in the appeal process. If in the process of the appeal new charges are raised against a student, that student will have the right to know of and answer those charges after prior notice. If in the process of the appeal, assertions are made about the validity of the process, the Student Services Coordinator and the Student Conduct Board will have an opportunity to answer those assertions.
Possible outcomes include:
• Finding or findings of the Student Conduct Board and its sanctions are upheld.
• Finding of the Student Conduct Board is upheld, but a sanction is modified (in case where precedence is an issue).
Note: the appeal process can result in a sanction that is more or less serious than that imposed by the Student Conduct Board.
Exception: If the Director of Enrollment Management and Alumni Affairs considers a student to be an immediate and significant threat to the safety, health, or welfare of others, or to them self, the director or designee can implement an emergency removal from housing or suspension from school without prejudice to the Student Conduct hearing and/or appeal of the student.
In the case that a disciplinary proceeding is necessitated by the occurrence of a crime of violence or non-forcible sex offense, the College will, in compliance with federal law, disclose upon written request the final results of any institutional disciplinary proceeding dealing with that crime or offense to the alleged victim of the crime or to the alleged victim’s next of kin (if the victim dies as a result of the crime or offense).
The College reserves the right to photograph, reproduce, and display works of art produced by students enrolled in its academic programs. Works borrowed for photographing will be returned to the student within a reasonable amount of time or the work will be purchased by the College. These photos are used in publications and advertising to promote the College. The student’s presence on campus constitutes his/her permission to use pictures of him/her or his/her work in this context.
INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
Faculty, staff, and students own all rights, including all intellectual property rights, in and to all Scholarly and Artistic Works and all Sponsored Works, subject to College Use Rights.
College Use Rights:
The non-exclusive, royalty-free, perpetual, worldwide, and irrevocable right granted to the College by faculty, staff and students to make photographic and electronic reproductions of Scholarly and Artistic Works and of Sponsored Works.
The College has the right to use or display these reproductions on its website (or any website affiliated with the College), in its permanent collection, in promotional or marketing materials for the College and the College’s fundraising activities, and for the purposes of education, scholarship, exhibition, accreditation, development, and alumni relations.
Scholarly and Artistic Works:
Works created, conceived, or developed by faculty, staff, or students, in whole or in part, alone or with others, in the course of scholarly or artistic pursuits within the scope of their status as employees or students of the College.
This includes, without limitation, instructional materials (e.g. course outlines, syllabuses, exams, and course presentation materials) and works of art produced by faculty, staff, or students for use in the course of college curriculum, college studio activities, and during the time an individual is associated with the College.
Works created by faculty, staff, or students, in whole or in part, alone or with others, that are substantially financially supported by the College, or are created specifically for the College for fundraising or other college-related events.
Detailed rules for studio use are distributed to all students and posted by each department. Policies address student safety and security, as well as respect for property and the rights of fellow students. Students failing to conform to studio use rules are subject to warning. Failure to heed the warning will result in disciplinary action, which may involve denial of studio privileges or dismissal from the College.
The studios are for the use of students of OCAC. Every guest of a student is subject to college rules and regulations and is the responsibility of the hosting student while present in studios and on college property.
The safety and well-being of the College community are top priorities. For this reason, it is important that the College is aware of those who are visiting our campus. As a result, each guest on campus must be accompanied by the responsible student hosting him/her at all times. This is both for the safety of the guest, as well as the students and equipment. A guest is subject to the same College rules and regulations as the host student, and it is the responsibility of the OCAC student to ensure that his/her guest is aware of the policies. Students may face sanctions for violations committed by their guest.
The studios and facilities of the College are for use of OCAC students only. Guests of members of the OCAC community are not allowed to use the College’s equipment without the express written permission of the appropriate department head. The College reserves the right to request identification at any time or to deny campus access to any guest if it is reasonably determined that such person has disturbed, or is likely to disturb, other students or community members in the studios or around the campus.
PROHIBITION OF HARASSMENT AND DISCRIMINATION
Notice of Nondiscrimination: OCAC values the individual dignity of each employee, student, volunteer, and job applicant. OCAC does not discriminate on the basis of race, color, religion, sex, national origin, marital or parental status, sexual orientation, gender identity, gender expression, veteran status, age, disability, or any other basis prohibited by local, state, or federal law.
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs, including areas such as admissions, financial aid, scholarships, course offerings and access, employment, and other services. Title IX protects students and employees, both male and female, from unlawful sexual harassment, including sexual violence, in college programs and activities. OCAC has designated a Title IX Coordinator to whom questions or concerns about this notice or Title IX policies and procedures should be addressed: Human Resources, email@example.com and 971-255-4221.
Students seeking reasonable accommodations of policies or procedures under Section 504 of the Disabilities Act should initiate requests through the Student Services office by completing the online Disability Services Registration Form at ocac.edu/disability services.
Students seeking to raise a complaint about any form of discrimination described should contact either the Student Services Coordinator or the human resources office.
This policy complies with federal, state, and local laws, including Title IX of the Education Amendments of 1972 and its implementing regulations, Campus SaVE Act, Title VI of the Civil Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990.
PROHIBITION OF WORKPLACE VIOLENCE
OCAC has a zero tolerance policy for any actions or statements that threaten its employees. This includes verbal and physical harassment, verbal and physical threats, confrontations, or any actions that cause others to feel unsafe in the workplace.
As part of this policy, employees are prohibited from bringing weapons to work or on the College premises, including the College parking lot. Further, the College reserves the right to inspect, with or without notice, all persons’ packages, automobiles, and other items that come onto the College premises. The College further reserves the right to inspect all college property with or without notice. Employees with complaints regarding these issues should make their complaint to his or her supervisor; the employee may make a complaint to the human resources officer or other appropriate manager. An employee may make an anonymous complaint, although this may limit the College’s ability to investigate.
SUBSTANCE ABUSE POLICY
Oregon College of Art and Craft seeks to assure the health and well-being of the entire college community. In accordance with state and federal laws, including the Drug-Free Schools and Campuses Act, the College has adopted the following policy designed to prevent the illicit use of drugs and the abuse of alcohol and provides opportunities for education and assistance to members of the College community.
The College prohibits the unlawful use, abuse, sale, purchase, transfer, possession, manufacture, distribution, or dispensing of drugs or alcohol by students and employees on college property or as part of any college activity. In accordance with Oregon law, the service of alcohol to or consumption by any person who is under the age of 21 is prohibited. The College expects that those employed by the College in any capacity will carry out their duties free from the influence of alcohol or other drugs. The College has established a drug and alcohol awareness program to inform members of the College community about the dangers of alcohol or drug abuse and the College laws. Sponsors must obtain and follow policies on drugs and alcohol use, available alcohol and drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed for violations of this policy. The College encourages students and employees who use illegal drugs or who abuse alcohol to seek appropriate assistance. All members of the Oregon College of Art and Craft community and the sponsors of any on-campus or college-sponsored activity or social event at which alcoholic beverages are served must abide by all applicable procedures.
Non-compliance with this policy may result in penalties up to and including expulsion from the College and termination of employment. The nature and severity of the violation will determine the progression of corrective action. If the situation warrants, expulsion or termination of employment may occur on a first offense.
Students should be aware that a conviction for the sale or possession of illegal drugs may make the student ineligible for federal financial aid. If financial aid eligibility is lost due to a drug-related conviction, students should contact the Financial Aid Office for information on regaining eligibility.
As required by federal law, the College reserves the right to refer students or employees for prosecution depending on the severity of the violation. In addition to any disciplinary action that may be taken against individuals, any college-sponsored or college-supported groups that condone or encourage violations of this policy may be subject to discipline and possibly to dissolution.
The College also reserves the right to remove any and all persons from the College facilities or otherwise separate those persons from the institution whenever there may be a threat to the safety, health, or well-being of the College or a member of the College community, whether alcohol, drug-related or otherwise. The Drug-Free Workplace Act of 1988 requires that any employee of the College community (which also includes students who are hired through the work-study program) who has been convicted of a violation of the statute involving illegal drugs shall notify Human Resources within five days of the criminal conviction of the conduct giving rise to the conviction if it occurred on campus or while the member was engaged in activities sponsored by or connected to the College. The College should then make any reports to government agencies that may be required by law.
College policy respects the rights of people who choose to smoke, and encourages individuals to refrain from smoking while on the campus in support of a philosophy of well-being and preventative health care for all students, faculty, staff, and campus guests. No use of tobacco products, cigarettes, cigars, electronic cigarettes, vaporizers, pipes, or other devices intended to simulate smoking is permitted in any building on the OCAC campus or within 25 feet of any building. OCAC has designated two locations on campus as smoking areas, both next to the bike rack below the Metals Studio building in the lower parking lot. These outdoor, designated smoking areas are at least 25 feet away from building entries, building air intakes and operable windows, and have been designated to diminish the risk of fire in buildings and on the grounds. Smoking outside these designated areas will be considered a breach of college policy and procedure. Students who are found smoking in non-designated areas will be subject to disciplinary action.
Marijuana is currently illegal by federal law. As a recipient of federal funding, such as financial aid, OCAC is required to continue to prohibit the use and possession of all federally controlled substances – including marijuana. Oregon College of Art and Craft policy prohibits students, employees, and members of the general public from possessing, using or selling marijuana in any form on campus, residence (including leased), or facilities and during college activities. Students who are found possessing, using, or selling marijuana on OCAC’s campus, residences, or facilities and/or during college events will be subject to the disciplinary actions outlined in the College’s substance abuse policy.
ANIMALS ON CAMPUS
Except for service animals (i.e., for vision or hearing impaired) animals are not permitted on OCAC property. In addition, service animals on OCAC premises must comply with all local ordinances, such as leash laws, etc. OCAC reserves the right to call animal control authorities to enforce this policy. A student in violation of this policy will be held financially responsible for property or personal damages caused by the animal on OCAC premises. This policy includes animals in studios, left unattended in vehicles on college property and OCAC faculty, staff, administrators and other college personnel are required to enforce this policy.
SERVICE AND COMFORT ANIMALS
In accordance with the Americans with Disabilities Act (ADA), service animals are permitted in campus facilities for persons with a physical disability (including but not limited to psychiatric, cognitive, mental, communication, physical and sensory disabilities). The disability must limit one or more daily life activities and the person must be regarded by a healthcare practitioner as having such a disability that requires the use of a service animal. The ADA recognizes only dogs (no weight, size or breed limitations), and occasionally miniature horses, as service animals. The service animal must be individually trained to do work or perform tasks for the benefit of an individual with a disability. The service the animal is providing must be directly related to the person’s disability (i.e., retrieve medicine, offer stability, alert to seizures, etc.). Dogs that meet this definition are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. Under Oregon law, OCAC and its members are not allowed to ask the individual about the nature/extent of the disability; require documentation proving that the animal is an assistance animal, or; require that the individual pay any fee for the assistance animal. However, to ascertain if the animal presented on campus is a service animal, the College may ask:
Is the animal required due to a disability?
The nature of the work/task that the animal is trained to do/perform.
Students requiring the assistance of a service animal on campus should contact the Student Services Coordinator to ensure adequate assistance, and become knowledgeable should questions from staff/faculty arise. OCAC does not allow other animals, including emotional support or assistance animals, on campus.
Care and Maintenance of Service Animals
The student handler of a service animal must be in full control of the service animal at all times. The care and supervision of a service animal is solely the responsibility of its student handler. This includes:
Always carrying equipment sufficient to clean up the animal’s waste whenever the animal and handler are on College property; and
Be responsible for the proper disposal of the animal’s waste and for any damage caused by the waste or its removal.
Denial or Exclusion of Service Animal(s)
This policy is limited to service animals as identified above, an animal that provides emotional support, comfort, or companionship (therapy or comfort animals) is not included as a protected assistance animal under Oregon laws, and is expressly excluded as an assistance animal under the ADA and therefore not allowed on campus (see Section 12.7).
Denial or Exclusion of Service Animal(s)
OCAC may deny or exclude a service animal only if:
The animals is a direct threat (e.g., biting, nipping, attacking)
Undue financial AND administrative burden
Fundamental alteration to services, programs or activities (e.g., continuous barking, whining, growling during class, clinic shifts, etc.)
The exclusion of a service animal will be based on individual assessment based on recent credible, objective evidence relating to specific animal. The College will then work with the student to identify other means of adequate accommodations. This policy is limited to service animals as identified above, an animal that provides emotional support, comfort, or companionship (therapy or comfort animals) is not included as a protected assistance animal under Oregon laws, and is expressly excluded as an assistance animal under the ADA and therefore not allowed on campus.
STATEMENT OF FREEDOM OF EXPRESSION
Oregon College of Art and Craft has as its central mission the fostering both of art and craft, as a school, as a community of artists, and as an institution within a social context. Central to this mission is the affirmation of artistic and intellectual expression as students, educators, artists, or citizens. Presentations of art are integral to our purpose. By displaying work, OCAC celebrates the mission as a school of art. Additionally, the College seeks to advance the course and cause of the arts, to foster an exchange of ideas, and reach out to the community, engaging current and future audiences. The College encourages the widest variety of artistic expression.
The administration recognizes that works of art will not meet with universal approval at all times. Nevertheless, OCAC affirms its commitment to artistic freedom and the freedom of expression on campus and also supports the right of free expression as it is embodied by the arts in general. At the same time, the Board of Trustees has the duty to preserve the stability and integrity of the College, to respect the law, to protect individuals from injury or harm, and to protect personal and institutional property. We affirm that freedom of expression is compatible with the above stated goals. Members of the Oregon College of Art and Craft community may express their opinions with the same freedom as other citizens. Such expressions are solely the responsibility of the individual, and OCAC assumes no responsibility for them. If asked to clarify, members must prevent potential misconception by adding that they speak on their own behalf, unless officially designated to speak on the behalf of the College. The College President and Chair of the Board of Trustees are the official designated spokespersons for the College.
INSTALLING ARTWORK ON CAMPUS
Students who intend to install artwork on the College’s grounds are required to complete an Intent to Install form, requiring the signatures of the Groundskeeper, the student’s instructor and Department Head, the Dean of Academic Affairs and the manager of the area where the work will be installed at least five working days before installing the work. Once the form is completed, it should be turned in to the Dean of Academic Affairs for final approval via email.. Forms are available online.
Remember: what goes up MUST come down. Requisite research on modes and means of installation must be framed out and explained in the form. Students are responsible for removing their work and leaving the area as they found it before work was installed. Upon removal of installation, students must initial the Intent to Install form, verifying the work has been removed.
ELECTRONIC FILE SHARING POLICY
A purpose of copyright law is to encourage creative work by giving creators exclusive rights to distribute their own work. The College expects all network users to comply with copyright law and the Digital Millennium Copyright Act (DMCA). At an institution devoted to the making of art and craft, the community should be especially mindful of copyright issues. Students should wish to protect the value of their own copyrights and the income associated with the distribution of their work, and so do the musicians, filmmakers, and other fellow artists whose work is being traded over the Internet without compensation. The College wants students to be aware that sharing music, videos, software, and other copyrighted materials using Peer-to-Peer (P2P) applications over the network exposes both the student and those with whom you share files to legal action, as well as sanctions under OCAC’s policy.
PEER-TO-PEER (P2P) SOFTWARE - WHAT IS IT?
File-sharing software allows you to search the Internet for media files and download them to your computer. Media file-sharing applications such as BitTorrent, uTorrent, The Pirate Bay, Vuze or Deluge are network-based programs that allow users to download and distribute music files from computer to computer across networks using P2P protocols.
Copyright infringement occurs whenever an individual takes or distributes songs, videos, software, cartoons, photographs, stories, and novels without authorization from the copyright owner. Infringement can also occur when one person purchases an authorized copy but allows others to reproduce additional “pirated” copies. When using a computer network to share copyrighted materials with others, both the people making copies (downloading) and those offering such materials to others (serving) via a P2P network are infringing upon copyright owners’ rights and violating federal and international copyright law. OCAC prohibits any infringement of intellectual property rights by any member of the College community. It is OCAC’s policy that a student who reproduces or distributes copyrighted materials in electronic form without permission from the material’s owner will be removed or restricted from the OCAC computer network and may face further disciplinary or legal action. Students must remove the programs and files that are in violation of the copyright from their computer and sign a contract stating that the offending files have been removed and that there will be no further copyright violations. Furthermore, if OCAC incurs any expenses because a student’s actions are in violation of the law and school policy, the College will seek compensation from the student.
Students who have infringed may also be held liable for substantial damages and attorneys’ fees, as the law entitles a plaintiff to seek statutory damages of $150,000 for each act of willful infringement. Copyright infringement also carries criminal penalties depending on the number and value of the products exchanged. Under the Federal No Electronic Theft Act, penalties for a first offense may be up to three years in prison and a fine of $250,000.
Prosecutors are currently targeting individuals who have in their possession a sizable number of these copyrighted materials and/or are offering them to others, and copyright owners have stated they are targeting university and college networks since this is where the highest amount of P2P file sharing is occurring. Students who engage in this type of activity are at risk of being identified by both federal investigators and copyright owners.
The use of file-sharing software exposes your computer to significant security risks that could lead to possible loss of data, identity theft, and other potential liabilities. Although it is an appropriate use of peer-to-peer resources for students to share their own personal work with others, they should be aware that such sharing could result in using more than their share of network bandwidth, which may result in restrictions. Once work or images of their work have been distributed, the work can potentially be used without their permission.
All OCAC undergraduate and graduate students are issued an email account through the College’s Information Technology (IT) department. This email account will be used by faculty and staff to communicate official college business to you, including important announcements, opportunities, and deadlines.
Students are required to use and check their OCAC email on a regular basis and will be held responsible for any information sent. If you need help with the email system, please contact the IT department.
If OCAC is notified of a violation, the College is legally required to address it. OCAC takes these actions because we are required to do so by law, and because the student could also be subjected to civil liability and criminal prosecution. The law requires service providers to deny network access to “repeat infringers.” OCAC’s network staff is responsible for ensuring that the network is available for educational and administrative use.
File-sharing services may cause a significant reduction in OCAC’s network performance, to the extent that they disrupt the educational uses for which the network is intended. To carry out their responsibilities, network staff not only cooperates with the authorities when there is illegal activity, but also monitor use of the network and disconnect or restrict users whose bandwidth usage infringes upon other users’ ability to access network resources. Students are encouraged to purchase media legally through one of the plentiful internet-based media retailers or utilize online streaming providers.