Prohibited Conduct

Prohibited Conduct

Highland Community College considers the behavior described in the following sub-sections as inappropriate for the HCC community and in opposition to the Shared Performance Expectations set forth in this document. These policies, expectations, and rules apply to all students, and the College encourages community members to report all incidents that involve the following actions to HCC officials. Failure to comply with any of the rules/regulations governing the following areas may place a student in violation of the Student Code of Conduct, and subject them to disciplinary action.

Prohibited Conduct Includes:

1. Academic Misconduct

1.1. Cheating: working with or consulting another individual(s) during an assigned academic activity without the express permission of the instructor; or the use or possession of material(s) or resources during an assigned academic activity without the express permission of the instructor

  • Includes but is not limited to looking at another individuals current or previous academic work, using an electronic device, accessing artificial intelligence, accessing course materials, or using other printed resources


1.2. Fabrication: the creation of false information or documentation for the completion of an assigned academic activity

1.3. Plagiarism: the use or submission of someone else’s work as your own and/or without appropriate citation

1.4. Facilitation: assisting a student(s) to attempt or commit academic misconduct

2. Alcohol, Drugs, and Other Substances

HCC prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or abuse of alcohol by a student or employee on College property or at any College event or activity. No alcohol is allowed on College property or property controlled by the College without the prior written approval by the President or Board of Trustees. The following are examples of violations of the Alcohol, Drugs, and Other Substances policy:

2.1. The possession of alcoholic beverages (e.g., liquors, spirits, wines, malts, beers, etc.), including empty containers on College property or property controlled by the College without the prior written approval by the President or Board of Trustees

2.2. Being present in an HCC-owned or controlled property where they know alcoholic beverages and/or empty containers are present

2.3. The sale or distribution of alcoholic beverages

2.4. Allowing an individual or group to unlawfully consume alcohol or possess/use drugs and/or other substances in any HCC-owned or controlled facility/property

2.5. Providing others with direct or indirect access to or facilitating/hosting others engaged in the distribution/sales of, illegal drugs whether or not a transaction of money, goods/services, or other mediums of exchange were involved on or in any HCC owned or controlled facility/property

2.6. The illegal distribution of medically prescribed pharmaceuticals

2.7. The possession of prescription drugs when not found in the prescribed container and/or not in the possession of the person for whom the drug was prescribed

2.8. The possession of any form of marijuana or part of the marijuana plant as defined by Federal Kansas Statute (see Drug Scheduling, Kansas State Legislature) on or in any property owned or controlled by HCC

2.8.1. This prohibition also includes hotels and/or other spaces controlled by HCC that fall in a jurisdiction where marijuana (medical or recreational) is legal

2.8.2. The odor of marijuana alone may not be sufficient evidence to hold a student responsible for a policy violation, however, the odor of marijuana may be used as probable cause to search a student’s (HCC-owned) residence

2.8.2.1.1. The odor of marijuana may also be considered evidence if considered with other supporting evidence such as the presence of paraphernalia and/or photo or video evidence of consumption

2.9 The possession or use of paraphernalia which is described as any equipment, product, or material of any kind that is modified for making, using, or concealing an illegal controlled substance into the body.

  • Examples include but are not limited to: Glass/metal pipes, bongs and water pipes, roach clips, objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; scales

 

3. Bullying and cyberbullying

Repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally and are not protected by freedom of expression.

4. Damage and Destruction

Intentional, reckless and/or unauthorized damage to or destruction of College property or the personal property of another.

5. Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

6. Disrupting and Educational Environment

Substantial disruption of College operations, including teaching, research, administration, other College activities, and/or other authorized non-College activities which occur on campus

Examples include, but are not limited to:

  • 6.1. Threats of Violence to the HCC Community
    • 6.1.1. Legitimate threats of violence to the HCC campus/community, and/or
    • 6.1.2. Statements, whether a hoax or not, intended to induce fear, and/or disrupt the normal college business, and/or
    • 6.1.3. Statements that may be reasonably understood as threats of violence against persons or property.


7. Endangerment

Intentionally or recklessly causing physical harm or endangering the health or safety of any person.

7.1. Abusing/Misusing, tampering with, disabling, impeding, blocking, covering, destroying, removing, etc., any HCC safety and or security device, mechanism, and or system (e.g., doors, locks, cameras, fire extinguishers, smoke detectors, etc.).

8. Failure to Comply

8.1. Failure to complete an assigned sanction

8.2. Failure to comply with an access restriction or a removal from HCC owned or controlled facilities

8.3. Failure to pay fines associated with a sanction

8.4. Failure to comply with a reasonable directive a college official during the performance of their duties and/or failure to identify oneself when requested to do so

8.5. Failure to follow the directions of HCC signage posted by College officials, official college organizations, and/or entities contracted by the college to provide goods or services (e.g. Great Western Dining, cafeteria policies)

9. Fire Safety

Violation of local, state, federal or campus fire policies including, but not limited to:

Intentionally or recklessly causing a fire which damages College or personal property or which causes injury.

  • 9.1. Failure to evacuate a College-controlled building during a fire alarm
  • 9.2. Improper use of College fire safety equipment; or
  • 9.3. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on College property. Such action may result in a local fine in addition to College sanctions

10. Gambling

Gambling as prohibited by the laws of the State of Kansas.

  • 10.1. Gambling may include raffles, lotteries, sports pools and online betting activities

 

11. Guns and Firearms

In accordance with the Kansas Personal and Family Protection Act, K.S.A. 75-7c01, et seq, and other applicable federal/state laws, it is permissible and will not be a violation of this policy for the: 

  • 11.1.carrying of a concealed handgun on campus by legally qualified individuals, pursuant to Kansas law, and also in accordance with the concealed carry restrictions set forth below
  • 11.2.lawful carrying of a concealed handgun by an employee performing College duties at an off campus activity, when in accordance with applicable laws/policies for such location,
  • 11.3.lawful possession of a handgun within a personal/non-College vehicle
  • 11.4.lawful possession of weapons
  • 11.5.Each individual who lawfully possesses a handgun on campus will be wholly and solely responsible for carrying, storing, and using that handgun in a safe manner and in accordance with the law and the HCC Weapons Policy (Appendix A). Individuals who carry a handgun on campus must carry it concealed on or about their person at all times
    • 11.5.1. “Concealed” means completely hidden from view in a way that does not reveal the handgun in any way
    • 11.5.2. “About” the person means that an individual may carry a handgun if it can be carried securely in a suitable carrier, such as a backpack, purse, handbag, or other personal carrier designed and intended for the carrying of an individual’s personal items at all times
    • 11.6. Moreover, the carrier must remain within the exclusive and uninterrupted control of the individual
    • 11.7. This includes wearing the carrier with one or more straps consistent with the carrier’s design, carrying or holding the carrier or setting the carrier next to or within the immediate reach/control of the individual
    • 11.8. It is a violation of this Policy to openly display any lawfully possessed handgun while on campus, except as permitted by law
    • 11.9. For additional information, please refer to the HCC Weapons Policy

 

12. Hazing

An act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent and/or failing to discourage and/or failing to report those acts may also violate this policy. 

13. Inciting Harm

Any action, expression, gesture, or words that a reasonable person in like circumstances would understand to be encouraging, inciting, perpetuating, supporting, and/or welcoming a physical altercation (fight) between two or more people.

14. Intimidation

Individual or group behavior which intentionally and substantially impinges upon or invades the rights of others. Such conduct includes, but is not limited to, implied threats or acts that cause the Complainant reasonable fear of harm.

15. Physical Violence

The act of hitting with a fist or object, slapping, pushing, grabbing, kicking, etc., of another individual.

16. Providing False Information

Knowingly furnishing or possessing false information, including falsified or forged materials, documents, accounts, records, identification or financial instruments.

17. Sexual Misconduct

Conduct on the basis of sex, or that is sexual in nature, that satisfies one or more of the following:

  1. Quid Pro Quo:
    • an employee of the College
    • conditions4 the provision of an aid, benefit, or service of the College
    • on an individual’s participation in unwelcome sexual conduct
  2. Sexual Harassment (Hostile Environment):
    • unwelcome conduct
    • determined by a reasonable person
    • to be so severe, and
    • pervasive, and
    • objectively offensive
    • that it effectively denies a Complainant equal access to the College’s education program or activity.5
  3. Sexual Assault,6 defined as:
    • Rape:
      • Penetration, no matter how slight
      • of the vagina or anus
      • with any body part or object
      • oral penetration by a sex organ of another person
      • without the consent of the Complainant
    • Fondling:
      • The touching of the private body parts of the Complainant (buttocks, groin, breasts)
      • for the purpose of sexual gratification
      • without the consent of the Complainant
      • including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental incapacity
    • Incest:
      • Sexual intercourse
      • between persons who are related to each other
      • within the degrees wherein marriage is prohibited by Kansas law
    • Statutory Rape:
      • Sexual intercourse
      • with a person who is under the statutory age of consent of 16 years of age
    • Dating Violence, defined as:
      • violence
      • on the basis of sex
      • committed by a person
      • who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
        • The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
          • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse
          • Dating violence does not include acts covered under the definition of domestic violence.
    • Domestic Violence,7  defined as:
      • violence
      • on the basis of sex
      • committed by a current or former spouse or intimate partner of the Complainant
      • by a person with whom the Complainant shares a child in common, or
      • by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
      • by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Kansas, or
      • by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Kansas
    • Smoking, Tobacco Use, and Vaping
      All buildings owned and controlled by HCC are tobacco-free. The use of tobacco and/or tobacco products including e-cigarettes is prohibited across campus, including all outdoor spaces.
      • 18.1. Use of tobacco inside a vehicle legally parked in campus parking lots is allowed
      • 18.2. Unlit cigarettes and cigars, or other unopen tobacco products, unless stored in a personal vehicle legally parked may be confiscated and destroyed
    • Stalking
      Stalking is a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear.
    • Theft, Burglary, and Robbery
      • 20.1. Theft: The intent of permanently depriving the owner of possession, use of, and or benefit of their property or services
        • 20.1.1. Accessing dining facilities or services at HCC without payment and/or without following the established protocol for demonstrating payment of said services may constitute a violation of the Theft, Burglary, and Robbery policy
        • 20.1.2. Residing in HCC Housing facilities without payment or after being removed may constitute a violation of the Theft, Burglary, and Robbery policy
      • 20.2. Burglary: The unlawful entry of a structure to commit a felony or theft
        • 20.2.1. Theft and burglary may occur with or without the knowledge of the person affected, including by deception
      • 20.3. Robbery: the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and or by putting the victim in fear
    • Unauthorized Access
      • 21.1. Unauthorized access to any College building (i.e. keys, cards, etc.) or unauthorized possession, duplication or use of means of access to any college building or failing to timely report a lost College identification card or key
      • 21.2. Misuse of access privileges to College premises or unauthorized entry to or use of buildings, including trespassing, propping or unauthorized use of alarmed doors for entry into or exit from a College building
    • Traffic Laws and Regulations
      All local and state regulations are in effect on campus 24 hours a day. City, county, and state law enforcement agencies have jurisdiction on campus. All laws and regulations are strictly enforced to ensure safety.
    • Violation of College Policy
      Conduct that constitutes a violation of any College policy, rule, or regulation (e.g., the Residential Life Handbook or Academic Catalog)
    • Weapons and Other Dangerous Items
      In addition to the weapons as defined in the HCC policy, HCC reserves the right to prohibit and even confiscate (as allowable by law) any items (not already identified in this Handbook) that a reasonable person in like circumstances would consider a dangerous item, which has no legitimate or legal use on the HCC campus. As items of this nature can be improvised and or made from normally harmless items, HCC does not intend to create an exhaustive list of items that
      may be deemed dangerous; however, for example, HCC prohibits items such as (but not limited to) 
      • air-powered BB/pellet guns
      • “airsoft” items
      • water bead (splat guns) or gel ball shooting items
      • water guns 

4 Implicitly or explicitly.
5 Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced. This definition is broad enough to potentially encompass forms of sex-based disparate treatment, even if not harassing in nature.
6 This would include having another person touch you sexually, forcibly, and/or without their consent.
7 To categorize an incident as Domestic Violence under this Policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.