19.0 Code of Conduct

19.1 Purpose:

KCC has an obligation to adopt rules and regulations that both respect and protect the rights of its students and the college community. KCC encourages students to rise above the minimum standards, and work to build a community of learners where all members of the college community show respect for the views of others and to accept responsibility for their own actions. The violation of KCC policies, rules and regulations is counterproductive to building a learning community. Hence, the college will act immediately to protect the life and property of KCC, while maintaining and balancing the rights of students and the KCC community. The right of every student to learn will be protected by implementing the KCC Code of Conduct. To this end, the college is committed to a community of learners where all students have the same opportunity to succeed.

19.2 Scope:

The Code of Conduct shall apply to student conduct on college premises; to conduct that occurs at or in connection with college-sponsored activities; and to off-campus conduct that in the judgment of the college adversely affects the college community or the pursuit of its objectives.

Jurisdiction extends to locations in which students are engaged in official college activities including, but not limited to, foreign or domestic travel, athletic events, activities taking place in student-athlete housing, training internships, cooperative and distance education, on-line education, practicums, supervised work experiences, and any other college-sanctioned or club activities.

Students are responsible for their conduct from the time they are notified of their acceptance for admission through the actual receipt of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards shall apply to a student's conduct even if the student withdraws from the college while a disciplinary matter is pending.

A report may be filed against a student or student organization charged with a violation of a law that is also a violation of this code if both violations result from the same factual situation, independent of any pending criminal prosecution or civil litigation. Proceedings under the Code may be carried out prior to, simultaneously with, or following criminal prosecution or civil litigation.

19.3 Definitions

Appellate Body – Any person or persons (e.g. appeals review board) authorized by the President or designee to consider and handle appeals in accordance with this policy and procedures related to this policy. The President or designee is authorized to reassign any and all of the student conduct appellate body’s duties or responsibilities as set forth by college policy.
Business Day – A weekday, excluding weekends, college holidays and Fridays during in May, June and July.
Charged Student – The student or student organization accused of violating the Code of Conduct or any college policy. Also referred to as “Respondent” or “Responding Party.”
College – The term “college or KCC” means Kankakee Community College.
College Community – Any person who is a faculty, staff member, student, alumni or affiliate of KCC.
College Premises – Shall include all campuses and grounds of the college, indoors and outdoors, wherever located, and includes all land, buildings, facilities, vehicles, equipment, fixtures, and other property owned, used, or controlled by the college.
College-sponsored Activity – Any activity, event, function, program, or service on or off college properties that is organized, sponsored, supervised, or directly initiated by the college, including its employees on behalf of the college, and including registered student organizations.
Complainant – Any person who files or reports a complaint alleging that a student or student organization violated the Code of Conduct or college policies. Complainant also refers to the college when the college initiates the complaint.
Disciplinary Procedures – The process by which the college imposes discipline against a student for an alleged violation of the Code of Conduct.
Faculty – Any person employed by the college to conduct classroom or teaching activities or who is otherwise considered by the college to be a member of its faculty.
Judicial Review Board – a group of persons designated by the vice president for Student Affairs or designee to conduct formal hearings.
Preponderance of the Evidence – The standard of proof that is used in all student conduct proceedings to determine if a violation occurred. It means that the evidence, considered as a whole, indicates that the fact sought to be proved is more probable than not, or that it is more likely than not that the alleged behavior occurred and violates the Code of Conduct.
President – The President of the college. The President is authorized to delegate any of their responsibilities as set forth by college policy.
Respondent – The student or student organization accused of violating the Code of Conduct or any college policy. Also referred to as the “charged student.”
Sanction – An educational outcome imposed as a result of a finding of responsibility for a violation of the Code of Conduct or college policy.
Staff – Any person employed by the college.
Student – Includes all persons taking courses at or through the college, whether on a full-time or part-time basis, and whether such courses are credit, non-credit, online, or any format. Persons who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing relationship with the college and college community, or who have been notified of their acceptance for admission, are considered “students” for the purpose of this policy.
Student Conduct Officer – A college administrator designated by the President or designee for implementing and enforcing the Code of Conduct. This person is the principal investigator and administrator for alleged violations of the Code of Conduct. The President or designee may reassign any and all of the Student Conduct Officer’s responsibilities pursuant to college policy.
Student Organization – A student club, society, group, or sports team approved, registered, recognized or going through the process to be recognized through student activities, an academic unit, or other administrative department. The term “student” shall also include student organizations.
Outcome – The finding of “responsible” or “not responsible” for each alleged violation, as well as any sanction(s) imposed.

19.4 Authority

The KCC Board of Trustees delegates authority for student conduct and discipline to the President. The President has delegated authority for administration of the Student Conduct Code to the vice president for Student Affairs or designee. Judicial Review Board members shall be authorized by the vice president for Student Affairs or designee to conduct disciplinary proceedings. Appellate bodies shall be authorized by the college President or designee to conduct appeal reviews.

In addition to initiating discipline proceedings for violation of the Code of Conduct, the college may refer any alleged violations of federal, state or local laws to civil and criminal authorities for disposition. The college may proceed with student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

19.5 Interpretation of Policy and Procedures

Any question of interpretation regarding the Code of Conduct and the Disciplinary Process shall be referred to the vice president for Student Affairs for final determination.

19.6 Review of Policy and Procedures

The Code of Conduct and its procedures shall be reviewed biennially by a committee appointed by the vice president for Student Affairs.
At the discretion of the Board of Trustees, President or designee, a review of the Code of Conduct and its procedures may be requested prior to the two-year term date.
The committee shall consist of faculty, staff and student representatives that reflect the diverse and cultural dynamics of the college.
The biennial review shall occur during each odd year and recommendations must be made to the vice president for Student Affairs no later than Dec. 31 of the review year. The Board of Trustees shall have final approval and adoption of the code and/or any revisions thereof.

19.7 Student Rights and Responsibilities

Student Rights
1. All students are entitled to the rights protected by the United States and Illinois Constitutions and laws, subject to reasonable restrictions consistent with the college’s role and mission. Students are expected to exercise these rights responsibly and respect the rights of others. The following is a non-exhaustive list of student rights:
2. The right to pursue appropriate educational goals from among the college’s programs, curricula, and services.
3. The right to be graded fairly, without bias or unfair treatment. Students are responsible for meeting the academic standards and expectations set by their instructors.
4. The right to a learning environment free from harassment and unlawful discrimination based on race, sex, national origin, sexual orientation, gender identity or expression, or any other protected status, including freedom from sexual harassment.
5. The right to free speech and peaceful assembly consistent with college policies and lawful regulations.
6. The rights guaranteed under the Family Educational Rights and Privacy Act (FERPA), including the right to inspect and request corrections to educational records and to have those records maintained confidentially.
7. The right to file a grievance or raise an academic or non-academic concern, including complaints of discrimination or harassment.
Student Responsibilities
Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the college community. As a result of this responsibility, students are expected to:
1. Demonstrate courtesy;
2. Behave in a responsible manner, always exercising self-discipline;
3. Attend all classes, regularly and on time;
4. Prepare for each class and take appropriate materials and assignments to class;
5. Obey all classroom rules;
6. Respect the rights and privileges of fellow students, faculty, other college staff, volunteers, and visitors;
7. Respect the property of others, including college property and facilities; and
8. Cooperate with and assist the college staff in maintaining safety, order, and discipline.

19.8 Prohibited Student Conduct

The college may impose educational sanctions against a student who commits, attempts to commit, aids, abets, incites, solicits, encourages or assists another person to commit, any act(s) of misconduct. The below is not an exhaustive list of prohibited conduct but merely represents examples of unacceptable behavior and conduct.

Non-Academic Misconduct
1. Providing false information.
  1. Providing false, fraudulent, misleading or altered information, documents, evidence or materials to any faculty or staff.
  2. Reproduction, alteration, forgery, or unauthorized use of another person’s or group’s college documents, keys, codes, electronic access devices, or property.
  3. Misrepresentation of another person’s identity including misuse of another person’s identification.
  4. Allowing another person to use one’s identification information.
  5. Acting on or pretending to act on behalf of another person, group, or the college without expressed consent or authorization.
  6. Any other acts of falsification, misrepresentation, fraud, or false testimony.
2. Obstruction of college Business and Activities.
  1. Behavior of a boisterous, disorderly, obscene, lewd, abusive, or inciting character such that there is a clear and present danger of creating panic, alarming persons, violent retaliation, or sufficient public disruption so as to threaten the safety of others where no legitimate reason for alarm exists.
3. Inappropriate conduct/Disruption
  1. Behavior or actions that demonstrates indecency, contempt for the generally accepted values, or disrespect for the normal standards of the college and its community.
  2. The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular profession, for which the student is taking a course or is pursuing as an educational goal or major.
  3. Obscene behavior not of a sexual nature.
  4. Violating the behavioral or ethical standards of practices in professional programs (i.e., health careers or athletics, and the like, as outlined in the handbook and/or curricula of the respective program).
4. IV. Property Misuse: Theft, Trespass and Vandalism
  1. Intentionally, knowingly, or negligently defacing, damaging or destroying college property or property owned by others, including but not limited to acts of vandalism.
  2. Gaining access or attempting to gain entry to college facilities or property without authorization.
  3. Possession, use, or duplication of college keys, access cards, or other material used to gain access to college facilities without authorization.
  4. Theft or removal of property from another person, group or the college without expressed consent or permission.
  5. Possession or sale of stolen property.
  6. Use of college premises for any activity prohibited by federal, state, local laws, or institutional policy or procedures.
5. Failure to comply
  1. Failure to comply with the direction or notice from a college official or employee who is acting in the legitimate performance of their duties including any investigatory or disciplinary body
  2. Failure to properly identify oneself or provide identification when requested to do so by a college officer or employee who is acting in the legitimate performance of his or her duties when such a request is made.
  3. Failure to comply with any disciplinary sanction(s), interim measures, mediation agreements, behavioral intervention programs, and safety remedies imposed under this Code of Conduct or other college policies related to student behavior or conduct.
  4. Failure to comply with college rules and procedures for use of college facilities, space, and/or public assembly.
6. Possession, use or distribution of alcohol.
  1. Possession, use, sale, distribution, delivery, manufacture, or consumption of alcohol or intoxicating beverage, regardless of age, on college premises, or at any college-sponsored activity, unless such is pursuant to the requirements of an academic program or the student has received prior written approval from the President or designee.
  2. Public intoxication or being under the influence of alcohol or intoxicating beverages.
7. Illicit drugs and controlled substances.
  1. The use, possession, manufacture, delivery, sale, of illegal drugs or controlled substances, in any form except, as prescribed for a student’s use by a licensed practitioner.
  2. Intoxication, intoxicated behavior or being under the influence of illegal drug, controlled substance, prescription drug or medication or other substances that are prohibited by local, state and/or federal law.
  3. Use, possession, control, manufacture ,transmission or sale of drug paraphernalia.
  4. Anyone suspected, in the judgment of KCC faculty/administrators/police/security, to be under the influence of drugs, alcohol or other behavior-altering substances may be tested without notice. Failure to comply with the college procedure for testing will constitute a separate violation of the Code of Conduct.
8. Weapons.
  1. Use or possession of any firearm, ammunition, destructive devices, or other weapons or dangerous articles or substances, including but not limited to non-lethal weapons such as pellet guns, BB guns, paintball markers, slingshots, crossbows, stun guns, tasers, metallic knuckles, archery equipment, or any dangerous chemical or biological agent, or any other weapon or explosive apparently capable of producing bodily harm is prohibited on college premises and at college-sponsored activities.
    Note: Exceptions to the possession of firearm are as follows
    1. Commissioned law enforcement personnel or legally authorized military personnel while in performance of their duties, including members of the KCC Police Department, are authorized to carry firearms in accordance with state law and their police department regulations.
    2. Individuals possessing a valid license to carry a concealed firearm may store the weapon in a secure case or a locked container out of plain view in their vehicle or in the vehicle’s trunk.
    3. Subject to board approval, where such use or possession is part of a course curriculum or training program.
    4. Possession and/or use of disabling chemical sprays for self-defense.
  2. Use or possession of unauthorized knives, swords, blades, hatchets, switchblades or other cutting or stabbing instruments, capable of producing bodily harm is prohibited on college premises and at college-sponsored activity.
  3. Instruments used to simulate such weapons (i.e. “look a-likes”) in acts that endanger or tend to endanger any person shall be considered weapons.
9. Abuse of computer technology.
  1. Theft or other misuse of computer time or other electronic information resources of the college.
  2. Allowing another person to use one’s college username and password for any purpose aligned with other violations described in the Code of Conduct.
  3. Attempting to access or circumvent passwords or other security-related information of the college, students, or employees.
  4. Knowingly or intentionally uploading or creating computer viruses using or directed at college electronic resources.
  5. Attempting to alter, destroy, or disable college technology resources, including but not limited to, computers and related equipment, college data, the data of others, or other networks connected to the college’s system.
  6. Using the internet, social media, or other electronic communications to threaten college students, employees, or volunteers.
  7. Use of college resources in sending, posting, or possessing electronic messages or images that are abusive, obscene, sexually oriented, threatening, harassing, or illegal.
  8. Unauthorized alteration or degradation of college computer equipment, software, network, data or system performance, or using college resources for that purpose.
  9. Unauthorized copying, duplication, transfer or distribution of computer program, file, message, or other software or data.
  10. Unauthorized use of college computer resources for commercial purposes or personal, financial, or other gain. This includes, but is not limited to, advertising a product or service on personal web pages, spam, unsolicited electronic communications, fundraising or advertising on behalf of unsanctioned non-college organizations, publicizing of unsanctioned non- college activities, the reselling of college resources to any non-college individuals or organizations, and the unauthorized use of the college’s name or logos.
  11. Use of college resources in violation of applicable copyright, trademark, or other applicable intellectual property law.
  12. Adding to or otherwise altering the infrastructure of the college's electronic information resources without authorization.
  13. Any other violations of the college's electronic or computer use policies or agreements signed by the student regarding the use of technology resources.
10. Motorized vehicle noncompliance.
  1. Failure to comply with parking and transportation rules and regulations.
  2. Failure to pay fines or citations issued by KCC Police or other authorized officials related to parking and transportation rules and regulations.
11. Gambling.
  1. Engaging in or offering games of chance for money or other gain (e.g. raffles) where a person or group has paid, including donations, with a promise or communication to win or receive an item of value for such purchase or donation without prior approval by the vice president for Student Affairs or designee.
  2. Hosting, coordinating, advertising, or participating in casino nights or sporting event bracket pools without prior written approval from the college.
12. Posting/Promotions/Solicitation.
  1. Solicitation (e.g. passing or handing out flyers, promotional material, surveys, selling products, and any method of communication to induce support) on college premises without prior written consent of the Office of Student Affairs, or where the activity interferes, impedes or disrupts the normal operations and functions of the college.
  2. Posting of flyers, posters, banners, cards, or any promotional or informational material, including but not limited to the exterior and interior of college facilities, buildings, trees, walls, sidewalks, vehicles, windows, stairwells, stairs, reserved display cases, vending machines, doors, classrooms, departments and unauthorized bulletin boards, railings, elevators, bathrooms, art/sculptures, or that otherwise interferes with, impedes or disrupts the normal operations and functions of the college without permission of the Office of Student Affairs.
  3. Use of chalk or powder-like substance on lawn areas, or the exterior or interior of any college facility or building.
  4. Use of “A” signs or free-standing signs that interferes with or disrupt the normal operations and functions of the college, block an entrance/exit, or impede or blocks the normal movement of pedestrian or vehicle traffic.
13. Tobacco use.
  1. Use, distribution, or sale of tobacco, including any smoking device, or carrying of any lighted smoking instrument on college premises without exception. “Tobacco” includes any lit or unlit cigarette, electronic cigarette (e-cigarette), cigar, pipe, vaping device and any other smoking product; and smokeless tobaccos, also known as dip, chew, or snuff in any form.
14. Unauthorized use or possession of keys.
  1. The unauthorized possession, duplication or use of keys to any college premises.
15. Fire and safety violations.
  1. Non-accidental conduct that interferes with or otherwise compromises any college policy, equipment, or procedure relating to the safety and security of the college community, is prohibited.
  2. Setting or causing of unauthorized fires.
  3. Inappropriate activation or triggering of any emergency warning equipment or system.
  4. False reporting of any emergency.
16. Failure to meet debts and obligations.
  1. 1. Not meeting all financial obligations to the college. Note: the registered student is responsible for their own financial obligations.
17. Hazing
  Any intentional or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against another when: the person knew or should have known that such an act endangers the physical health or safety of the other person or causes severe emotional distress and the act was associated with pledging, joining, being initiated into, affiliating with, holding office in or maintaining membership in any organization, including athletic team, regardless of the willingness of such other person or persons to participate. Hazing includes but is not limited to:
  1. Whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body or similar activity
  2. Causing, coercing or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics or other similar activity
  3. Causing, coercing or otherwise inducing another person to consume food, liquid, alcohol, drugs or other substances
  4. Causing, coercing or otherwise inducing another person to perform sexual acts
  5. Any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct
  6. Any activity that induces, causes or requires another person to perform a duty or task that involves a criminal violation of local, state, tribal or federal law
    For purposes of this policy, hazing shall not include a physical activity that is normal, customary, and necessary for a person’s training and participation in an athletic, physical education, or similar program sanctioned by the college.
18. Endangerment.
  1. Physical violence or harm toward another person or group.
  2. Threatening another person, regardless of directly, indirectly or via third-party, where the threat would cause a reasonable person to be concerned or fearful for their safety or the safety of others.
  3. Interference with the ability of another person or group to move about in a lawful manner and/or manner free of harm.
  4. Willful and malicious behavior or actions that interrupt the speaker of any lawful assembly or impair the lawful right of others to participate effectively in such assembly or meeting when there is reason to believe that such conduct will cause or provoke a disturbance.
  5. Willful and malicious behavior or actions that obstruct or cause the obstruction of any doorway, hall, or any other passageway in a college building to such an extent that the employees, officers, and other persons, including visitors, having business with the college are denied entrance into, exit from, or free passage in such building, office, classroom, or the like.
  6. Any other conduct that endangers the health, safety or well-being of another person or group.
19. Pets and Animals.
  1. Bringing any animal into any college building or bringing any unleashed animal on college premises, including parking lots and sports fields, except for a service animal as defined under federal law. “Service animal" means any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability. An animal whose sole function is to provide comfort or emotional support do not qualify as a service animal under the Americans with Disabilities Act.
20. Recreation Mobility.
  1. Operation or use of skateboards, skates, bicycles, or motorized vehicles inside of any college buildings.
  2. Operation or use of motorized vehicles on walkways, sidewalks, lawns, or grass without authorization.
21. Retaliation.
  1. Retaliation against any person or group as a result of reporting or filing a complaint, providing information, reporting an incident, exercising one’s rights or responsibilities, or otherwise being involved in the process of responding to, investigating, or addressing allegations or violations of federal, state, or local law, or college policies.
  2. Retaliation against a hearing body, appellate body or other disciplinary or investigatory body.
22. Shared Responsibility, Guests and Children.
  1. Students and organizations may be held responsible for the conduct of their guests while on college premises, at college-sponsored activities, and at functions sponsored by any registered student organization.
  2. Children shall not be allowed in classrooms while class is in session.
  3. Children shall not be allowed in or at high-risk areas, including but not limited to, laboratories, clinical sites, gaming/recreational facilities, or construction sites.
  4. Children shall not be left unattended while the parent or guardian is attending class or conducting any business on college premises.
23. Policy or Legal Violations.
  1. Violation of any college policy or written rules governing student behavior, including but not limited to, academic/administrative units, athletic teams, and student organizations.
  2. Violation of any federal, state, or local law, tribal law or rule
Academic Misconduct
1. Cheating.
  1. Any attempt to give or obtain unauthorized assistance/materials relating to the completion of an academic assignment and/or test, including collaboration with another individual relating to the completion of an academic assignment without permission from the assignment administrator.
  2. Copying from or reviewing another student’s examination, paper, laboratory report, presentation, computer program, or other assignment prior to or during the examination.
  3. Submitting the same paper, report, or other assignment for more than one course without the expressed permission of the faculty member. If a student believes they can complete an assignment that meets the requirements of two or more faculty members, they should obtain prior approval from all faculty involved.
  4. Using, buying, selling, stealing, or soliciting, in whole or in part, the contents of a paper, test, or any other assignment, whether or not it has been administered.
  5. The unauthorized transporting or removal, in whole or in part, of the contents of a test, whether it has been administered or not.
  6. Permitting another student to substitute for oneself to take a test or allowing another student to copy or use one’s answers during an examination or in the completion of an assignment.
  7. Bribing another person to obtain a test or information about a test, whether it has been administered or not.
  8. Taking, completing, or attempting to take an examination or complete an assignment for another student.
  9. Using artificial intelligence software or tools for homework, quizzes, tests, and any assignment unless authorized by the course instructor.
2. Plagiarism.
  1. Taking, reproducing, and/or using as one’s own, without proper attribution, the ideas, writings, paraphrases, data, reports, graphic designs, or computer codes of published or unpublished work of another person in completing an academic assignment.
  2. The unauthorized submission for credit of academic work that has been submitted for credit in another course.
3. Fabrication.
  1. Falsifying data, information, or citations in completing an academic assignment or obligation.
  2. Providing false or deceptive information to a faculty member concerning the completion of an assignment.
  3. Listing another student on a group assignment when the student did not contribute in any manner toward completion of the assignment.
  4. Unauthorized altering of grades on an assignment, examination, laboratory report, quiz, or other academic work and submitting such to a faculty member or college employee.
4. Intellectual Property Dishonesty.
  1. Altering, removing, or defacing college library or educational materials.
  2. Selling, electronically posting, publishing, or distributing course lecture notes, handouts, recordings, or other materials or information of any course without the expressed permission of the faculty member.
  3. Removing or damaging the academic property of a faculty member or another student, including projects, books, papers, notes, laboratory assignments, clinical forms, or electronic hardware or software.
  4. Obtaining or using the password of a faculty member or another student without authorization of the password owner to access course hardware or software.
  5. Violating the ethical standards of practices in professional programs (i.e., health sciences, and the like, as outlined in the handbook and/or curricula of the respective program).
5. Facilitation of Academic Dishonesty
  1. Any other acts of dishonesty including aiding, abetting, or attempting to commit any academic misconduct violation or permitting another student to violate any provision of this code.