Proscribed Conduct

The following standards and sanctions express Blue Ridge Community and Technical College’s expectations for student conduct and are essential to the College’s educational mission. Participation by students in activities that violate the standards, including the proscribed behaviors listed under each standard, may result in referral to another college office responsible for examining and upholding standards of conduct in accordance with the due process guarantees and procedures defined in this handbook.

Academic Dishonesty. The term “academic dishonesty” means plagiarism; cheating and dishonest practices in connection with examinations, papers, and/or projects; and forgery, misrepresentation, or fraud as it relates to academic or educational matters.
1. The term “plagiarism” means the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment, including, but not limited to, the unacknowledged use of materials prepared by another individual engaged in the selling of term papers or other academic materials.
2. The terms “cheating and dishonest practices in connection with examinations, papers, and/or projects” means (i) giving or receiving of any unauthorized assistance in taking quizzes, tests, examinations, or any other assignment for a grade; (ii) depending upon the aid of sources beyond those authorized by the instructor in quizzes, tests, examinations, writing papers, preparing reports, solving problems, or carrying out other assignments; (iii) the acquisition or use, without permission, of tests or other academic material belonging to a member of the College faculty or staff; or (iv) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
3. The terms “forgery, misrepresentation, or fraud as it relates to academic or educational matters” means (i) wrongfully altering, or causing to be altered, the record of any grade or other educational records; (ii) use of College documents or instruments of identification with the intent to defraud; (iii) presenting false data or information or intentionally misrepresenting one’s records for admission, registration, or withdraw.
  1. Sanctions for Academic Dishonesty up to and including failure in the course may be granted by the Faculty of record for that course without a Student Conduct Hearing. Appeals for the course level sanctions shall be conducted through the Curriculum and Instruction Committee. In cases where the assigned F will result in a programmatic dismissal, a Student Conduct Hearing will be held to ensure due process.
  2. Any programmatic dismissal or College dismissal for Academic Dishonesty will follow the Student Conduct Hearing procedures. A programmatic level may recommend dismissal but shall not adjudicate the action.
Hazing. “Hazing,” means any action or situation that (1) endangers or adversely affects the mental or physical health or safety of another person or persons; (2) would cause extreme embarrassment or adversely affect the dignity of another person or persons; or (3) causes another person or persons to destroy or remove public or private property. This includes, but is not limited to, any brutality of a physical nature, such as whipping, beating, branding, forced consumption of any food, alcohol, drug or other substance, any activity which would subject an individual or individuals to extreme mental stress, such as sleep deprivation or forced exclusion from social contact. Hazing with or without the consent of a student is prohibited. Initiations or activities of student organizations are prohibited from including any feature that is dangerous, harmful, or degrading to the student. A violation of this prohibition renders both the organization and participating individuals subject to discipline. Any student who knowingly witnesses or acquiesces in the presence of hazing is also subject to discipline.
Aiding, abetting, assisting, or facilitating prohibited behavior. “Aiding, abetting, assisting, or facilitating prohibited behavior” means to be actively associated with or actively encouraging another person or persons whose behavior is in violation of this Student Code, College rule, regulation or policy, or the law.
Sexual misconduct, harassment, domestic misconduct, discrimination and stalking as defined in Blue Ridge Community & Technical College Board of Governors Policy 15.1 and/or any other violation of Policy 15.1.
Possession of deadly weapons, destructive devices, explosive or fireworks. The use, placement, concealment, creation, manufacture, transportation, or possession of weapons, potentially dangerous devices, explosives and/or fireworks by students in BRCTC buildings (owned or leased), BRCTC owned vehicles, private vehicles on BRCTC property (owned or leased) or in connection with any academic program and/or in connection with any BRCTC sponsored event held on public or private property is strictly prohibited except as expressly permitted or allowed by law. Students must also observe the policy developed by an employer, business, property owner and/or any other third party at any alternative site visited for college business or for instruction. “Dangerous weapons”, “deadly weapons”, “explosives” and fireworks are defined in West Virginia Code §61-7-1, §61-3E-1, et seq, et seq. and §29-3E-1, et seq., as amended from time to time. Examples of weapons covered by this policy include but are not limited to: all firearms, any knife with a blade longer than three inches, Tasers or stun guns, metallic or false knuckles, billy, billy club, sand club, sandbag or slapjack, switchblade knife, gravity knife and/or any instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to such use.
Impermissible burning. “Impermissible burning” means (1) setting fire to; (2) causing a fire to be set to; or aiding, inciting, enticing, or soliciting any person to set fire to furniture, vehicles, garbage, dumpsters, garbage receptacles, construction material, rubbish, debris, brush, or (3) any other material, unless specifically permitted. “Impermissible Burning” also means contributing or adding furniture, vehicles, garbage, dumpsters, garbage receptacles, construction material, rubbish, debris, brush, or any other material to a fire that has already been set, unless specifically permitted.
Prohibited computer or electronic activity. “Prohibited computer or electronic activity” means (1) unauthorized entry into a file to use, read, change the contents, or other purpose; (2) unauthorized transfer of a file; (3) unauthorized use of another individual’s identification and password; (4) use of a computer or other electronic device to unreasonably interfere with the work of another student, faculty member, or College official; (5) use of a computer or other electronic device to send obscene or abusive messages; (6) use of a computer or other electronic device to unreasonably interfere with the normal operation of the College’s network; (7) use of a computer or other electronic device in violation of copyright laws; or (8) any other violation of the Acceptable Computer Use Policy.
Tampering with emergency response equipment. “Tampering with emergency response equipment,” means interfering with or unnecessarily using a fire-alarm system, sprinklers, smoke detectors, fire-fighting equipment, or any other public safety or emergency call device.
Theft of, using without authorization, destroying, defacing, interference with or mutilating property of another including but not limited to College property. “Theft” means the taking of possession of and or use of the property of another without consent. This provision also includes the unauthorized use of, misuse of, or interference with, services provided by or for other persons, groups, or organizations. This includes but is not limited to telephone services, credit services, mail services, and photocopying services. This provision also includes possessing, receiving, or storing property known to have been wrongfully taken from the College or from any person or group.
Endangerment. “Endangerment” means engaging in conduct that endangers the health or safety of any person, or causes a reasonable person to fear for his/her safety or the safety of another.
Misconduct at College athletic events, concerts, or other events. For purposes of this section only, “misconduct” means failing to follow event or venue rules or guidelines or interfering in any way with the event, including but not limited to throwing objects into a crowd, at another person, or onto a playing field, court, or stage, or acting in a manner that reasonably interferes with others’ enjoyment of the event. For the purposes of this rule, an event will include intramural activities.
Riotous behavior and hooliganism. “Riotous behavior and hooliganism” means participation in a disturbance of two or more persons acting with the common purpose to commit or incite any action that threatens, presents a danger to or terrorizes the public. However, riotous behavior and hooliganism do not mean peaceful demonstrations, peaceful picketing, a call for a peaceful boycott, or other forms of peaceful dissent.
Prohibited drug-related conduct. “Drug-related conduct” means (1) possessing any illicit drug, synthetic drug, or other controlled substance; (2) manufacturing any illicit drug, synthetic drug, or other controlled substance; (3) producing any illicit drug, synthetic drug, or other controlled substance; (4) distributing any illicit drug, synthetic drug, or other controlled substance; (5) selling any illicit drug, synthetic drug, or other controlled substance; or (6) possessing with the intent to distribute or sell any illicit drug, synthetic drug, or other controlled substance; or (7) being under the influence of any illicit drug, synthetic drug, or other controlled substance. It also means (8) using any prescribed drug in a manner inconsistent with the prescription; or (9) intentionally or recklessly inhaling, ingesting, or using in any manner inconsistent with its purpose any chemical, liquid, substance or other compounds. “Drug-related conduct” shall not include (1) any use or possession of prescription medication in accordance with a valid prescription; or (2) any College recognized research or other scholarly activity.
Prohibited alcohol-related conduct. “Alcohol-related conduct” means violating Blue Ridge Community and Technical College Board of Governors Policy 14.2 or being a student (1) under the age of twenty-one, who consumes or possesses alcohol; (2) who gives alcohol to a person under the age of twenty-one; (3) driving or operating a vehicle while under the influence of alcohol; or (4) who is in public or on College premises in an intoxicated condition.
Non-Protected Class Harassment. “Non-Protected Class Harassment” means repeated or continual disturbance, irritation, bullying, or annoyance of another person by any means that is sufficiently severe, pervasive, or persistent as to substantially disrupt or interfere with the orderly operation of the College or the rights of another to participate in or benefit from a College program.
Tampering with or falsifying an official record. “Tampering with or falsifying an official record” means altering or assisting in the altering of any official record of the College or submitting false information or omitting requested information that is required for or related to an application for admission, the awarding of a degree, or any official record of the College. This conduct may result in a prohibition against admission, readmission, revocation of a degree, and/or withdrawal of diploma.
Trespass. “Trespass” means to enter or remain without lawful purpose in any College building, room, structure, facility, vehicle, construction area, rooftop, or other College-related premises. “
Unauthorized Use of Keys or Other Access Devices. Unauthorized use of keys or other access devices” means to possess, duplicate, or use a key or other access device, including an electronic keycard or other device used to grant access, to any College building, room, structure, facility, vehicle, construction area, rooftop, or other College-related premises without proper authorization.
Knowingly violating the terms of a disciplinary sanction imposed in accordance with the Student Code.
Attempting to engage in an act prohibited by the Student Code. An “attempt” is defined as conduct that, if successful, would constitute or result in the prohibited conduct. Any student who abandons an attempt or prevents the prohibited conduct from occurring under circumstances that demonstrate a complete and voluntary renunciation of the prohibited conduct will not be subject to disciplinary action.
Abuse of the Student Code. A student who engages in any of the following actions is subject to discipline for abuse of the Student Code:
1. Failure to obey the notice from College official to appear for a meeting or hearing concerning violations of the Student Code.
2. Falsification, distortion, or misrepresentation of information at any point in the student conduct process.
3. Disruption or interference with the orderly conduct of a Student Code proceeding.
4. Initiating a Student Code proceeding in bad faith.
5. Attempting to discourage or discouraging an individual’s proper participation in, or use of, Student Code proceedings.
6. Retaliating against an individual because of the individual’s participation in, or use of, Student Code proceedings.
7. Attempting to influence or influencing the impartiality of a member of a Hearing Panel prior to, and/or during the course of, a Student Code proceeding.
8. Harassment (verbal or physical) and/or intimidation of a member of a Hearing Panel prior to, during, and/or after any Student Code proceeding.
9. Influencing or attempting to influence another person to commit an abuse or violation of the Student Code.
Failing to Comply. Failure to comply with one or more sanctions and/or interim measure(s) imposed under the Student Code.
“Obstruction or disruption” means acting alone or in concert with others to unreasonably obstruct, disrupt, or interfere with a teaching, educational, research, administrative, disciplinary, public service, other activity or public performance authorized to be held or conducted on or off campus, or the duties or actions of public safety officials. Obstruction or disruption includes but is not limited to misconduct in the classroom, any act that interrupts, modifies, or damages the free flow of pedestrian or vehicular traffic on College premises or at College-sponsored or supervised functions, utility service or equipment, communication service or equipment, College computers, computer programs, computer records or computer networks accessible through the College’s computer resources. Additionally, any student that fails to comply with lawful directions of College officials or College Security Officers acting in the performance of their duties is subject to discipline.
Intrusion of Privacy. “Intrusion of privacy” means unreasonably invading the private domain or seclusion of another by any means, including observation, videotaping, audio taping, photographing, or capturing the actions, image, audio, or likeness of any other member of the College community without permission or knowledge, when such member of the College community has a reasonable expectation of privacy.
Indecent exposure or obscene conduct. “Indecent exposure” means exposure of the private or intimate parts of the body in public or in private premises when such exposure may be readily observed by others without consent. “Obscene conduct” means conduct which the average individual applying contemporary College standards would find (i) taken as a whole, appeals to the prurient interest; (ii) depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated; and (iii) the matter, taken as a whole, lacks serious literary, artistic, political or scientific value.
Violating Blue Ridge Community & Technical College Board of Governors policies, institutional rules, and regulations, or campus rules and regulations. A charge alleging a violation of a College policy, rule, or regulation shall identify the policy, rule, or regulation violated.
Making false reports. “Making false reports” means reporting an emergency, crime, fire or that a bomb or other explosive has been placed on premises when knowing such a report is wrong or inaccurate.
Unauthorized animals on campus or other violation of the College’s Animal Policy.
Violation of federal, state, or local law. “Violation of federal, state, or local law” means engaging in conduct that violates federal, state, or local law whether such conduct takes place on campus or off campus or whether civil or criminal penalties may also be imposed for such conduct. A violation of this provision is not predicated upon a final determination by a court of law. In other words, it is not necessary for a student to have been actually found to violate a federal, state, or local law by a court of law in order to be disciplined under this Student Code. It is only necessary that a student be found to have engaged in such prohibited acts by processes under the Student Code. It is specifically noted here that the standard of proof in the Student Code process is distinct and different from what is applied in criminal federal, state, and local law violations. A charge alleging a violation of a federal, state, or local law shall identify the federal, state, or local law violated.
Worthless checks or failing to promptly redeem a worthless check submitted to any unit within the College. (SP)
Violation of federal, state, or local law. “Violation of federal, state, or local law” means engaging in conduct that violates federal, state, or local law whether such conduct takes place on campus or off campus or whether civil or criminal penalties may also be imposed for such conduct. A violation of this provision is not predicated upon a final determination by a court of law. In other words, it is not necessary for a student to have been actually found to have violated a federal, state, or local law by a court of law in order to be disciplined under this Student Code. It is only necessary that a student be found to have engaged in such prohibited acts by processes under the Student Code. It is specifically noted here that the standard of proof in the Student Code process is distinct and different from what is applied in criminal federal, state, and local law violations.
Damage, vandalism, or misuse of property. “Damage, vandalism, or misuse of property” means destroying or otherwise rendering another person’s property unusable for its intended purpose.