Each student is responsible for being aware of college policies that may impact their standing with the college. You are responsible for maintaining good academic standing and not being in financial debt to the college. This guide is current at the time of publication but is subject to change in response to updates in college policy, state or federal agency regulations, or legal changes. For the latest updates to the information contained in the Brazosport College Student Guide & Calendar, please visit www.brazosport.edu click the Student Guide & Catalog button located at the bottom of the page, then select the appropriate publication from the drop-down box on the top right of the page.
Student Rights
(Full Spanish version available below and also online at http://www.brazosport.edu/students/for-students/student-services/student-rights/)
Right to be free from discrimination on the basis of race, gender, color, religion, national origin, age, or disability.
Brazosport College shall not discriminate on the basis of race, creed, color, national origin, citizenship status, age, disability, pregnancy, religion, gender, gender identity, genetic information, marital status, veteran status, or any other protected class in accordance with applicable federal and state laws. The following person has been designated to handle inquiries regarding the non-discrimination policies:
Dr. Brad McGonagal, Vice President of Human Resources
500 College Drive
Lake Jackson, TX 77566
979-230-3459
brad.mcgonagle@brazosport.edu
Please refer to Brazosport College Policy FA (LEGAL) on the Brazosport College website for additional information.
Right to be able to apply for admission.
Brazosport College Policy FB (LOCAL) - Admissions and FB (LEGAL) - Admissions addresses the rights of students as it pertains to admissions. All students shall be able to apply for admission to Brazosport College, including home-schooled or privately educated students and international students. Additional admission information can be found on the Admissions webpage at www.brazosport.edu.
Right to review all educational records and to file complaints regarding them (including all rights under FERPA guidelines).
Brazosport College policy FJ (LEGAL) - Student Records and FJ (LOCAL) - Student Records addresses the rights of students as it pertains to student records. These rights include the right to privacy, access to educational records, the right to review and request corrections to their records, and the right to require the college to obtain written consent before disclosing non-directory information. Information regarding these rights is available in the Brazosport College Catalog, Brazosport College Student Guide & Calendar, and on the Registrar’s webpage at www.brazosport.edu/admissions.
Right to be free from discrimination, harassment, and retaliation.
It is the policy of Brazosport College that all employees, students, and users of college resources be able to enjoy a campus environment free of all forms of discrimination, harassment, and retaliation. Brazosport College policies FFDA (LEGAL) - Freedom from Discrimination, Harassment, and Retaliation - Sex and Sexual Violence and FFDB (LEGAL) - Freedom from Discrimination, Harassment, and Retaliation - Other Protected Characteristics address the rights of students as they pertain to discrimination, harassment, and retaliation. Students who feel their rights have been violated are provided the process for addressing the alleged violation. The statement instructs anyone who has a grievance to submit their written grievance to the College administrators identified as the Title IX coordinator and the Section 504 Coordinator. Board policy FFDA (LEGAL) - Freedom from Discrimination, Harassment, and Retaliation outlines the steps for addressing Title IX complaints and is also available on the Notice of Non-Discrimination webpage.
Dr. Brad McGonagal, Vice President of Human Resources and Title IX Coordinator
Office: C.117; 979-230-3459; brad.mcgonagle@brazosport.edu
Dr. Gracie Pequeno, Director, Adult Education & Literacy and Deputy Title IX Coordinator
Office: B.120; 979-230-3635; gracie.pequeno@brazosport.edu
Right to appeal decisions in academic matters, including grades.
Brazosport College students are encouraged to resolve grade issues informally with their instructor, where possible and appropriate. In the event that a final course grade concern is not resolved informally, students may follow through the academic appeals process, which is introduced in the Brazosport College Catalog and detailed in EGA-R (LOCAL) - Academic Achievement - Grading and Credit on pages 10-14.
- Written request to the division chair within sixty calendar days of the due date of grades posted at semester’s end.
- If the division chair is unable to satisfactorily address the issue, the student may provide a written appeal to the appropriate Dean.
- If the student is dissatisfied with the outcome of the Academic Appeals Committee, the student may apply for a review by the Chief Academic Officer.
Right to appeal financial aid suspension.
Students who do not meet the established financial aid criteria may seek to appeal if mitigating circumstances affect their academic performance. Mitigating circumstances are defined as a change in program study, illness, death of a family member, or other traumatic life-altering events of the student. The appeal may not be based upon the need for assistance or the lack of knowledge that the assistance was in jeopardy. Change the last sentence to: Information, including the written appeal document, may be found at https://brazosport.edu/aidresources/.
Right to due process.
Board Policy FM (LEGAL) - Discipline and Penalties provides that students at Brazosport College who are “subject to discipline by the college district must be afforded the level of due process, including notice and an opportunity to respond, under the U.S. Constitution Fourteenth Amendment that corresponds with the level of the discipline”. The student shall have the right to:
- have their case processed without unreasonable delay,
- receive prompt written notice of alleged violations per Brazosport College communication policies,
- have reasonable access to any written testimony to be used against them, with a written request filed in a timely manner, with the conduct officer,
- be able to, in a formal hearing, question witnesses against them,
- produce witnesses and/or evidence per prescribed procedure on their own behalf,
- decide not to be a witness against themself, or to have their silence be construed as an admission of responsibility, and
- have a decision based on a preponderance of the evidence.
Right to appeal the outcome of a student conduct violation or sanctions that have been determined by the Dean of Student Success, their delegate, or the Community Appeals and Adjudication Board.
Board policy FMA (LOCAL) - Discipline and Penalties - Discipline Procedure provides that students at Brazosport College have the “right to appeal the outcome of a student conduct violation or sanctions that has been determined by the Dean of Student Success, their delegate, or the Community Appeals and Adjudication Board (CAAB). Appeals must be submitted in writing within five (5) business days of the date of the decision to the Sr. Vice President, Student Success and Advancement, or designee. The Sr. Vice President or designee shall render a written decision based upon the record developed by the CAAB. The Sr. Vice President or designee may affirm, reject, or modify the decision of the CAAB. The Sr. Vice President or designee may also remand the case back to the CAAB for further fact-finding or correction of procedural error, if any. The Sr. Vice President shall render a written decision on the appeal within five business days of receipt of the appeal and shall promptly transmit a copy of the written determination to the parties. The decision of the Sr. Vice President or designee is final.
The Dean of Student Success is responsible for investigating all allegations in compliance with Board policy FMA (LOCAL) - Discipline and Penalties - Discipline Procedures, which describes in detail the procedures for students who believe that their rights have been violated.
Right to Free Expression
Board Policy FLA (LEGAL) and FLA (LOCAL) - Student Rights and Responsibilities: Student Expression and Use of College Facilities - It is the policy of Brazosport College to protect the expressive rights of persons guaranteed by the constitutions of the United States and the State of Texas by (1) recognizing freedom of speech and assembly as central to Brazosport College’s mission; and (2) ensuring that all persons may assemble peaceably on Brazosport College’s campus for expressive activities, including to listen to the speech of others.
These policies ensure that the common outdoor areas of Brazosport College’s campus are deemed traditional public forums and permit any person to engage in expressive activities in those areas of the institution’s campus freely, as long as the person’s conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution. Moreover, Brazosport College’s policies (1) impose reasonable, narrowly tailored restrictions on the time, place, and manner of the expressive activities in the common outdoor areas of the campus; (2) employ clear, published, content-neutral, and viewpoint-neutral criteria; (3) provide for ample alternative means of expression; and (4) allow members of the College community to spontaneously and contemporaneously assemble or distribute written material without a permit or other permission from the institution.
Please find additional information at the following:
Student Code of Conduct
Brazosport College Policy FLB(LEGAL) and FLB(LOCAL) address student conduct. For further information, please refer to these policies.
Preamble
Enrollment at Brazosport College is a privilege and not a right. Students who enter the college agree to abide by its expectations of performance and behavioral standards. These standards, to which all students are held, are judged to be in the best interest of the college community. The college reserves the right to enact and enforce policies and procedures and hold students and student organizations responsible for violations, whether they occur on or off college property. The student conduct system is an administrative process tailored to and operating in our educational setting. The philosophy behind the student conduct system is one of education, rather than just a means of punishment. This does not preclude the use of punitive sanctions. This means, instead, that the conduct system focuses on the education and development of the individual, as well as the protection of the standards set by the college.
Some of the principles of this approach are:
- Responsibility for resolving behavioral complaints rests with the accused individual, with the assistance of the conduct system.
- The individual is expected to accept responsibility for and learn from their behavior.
- Each mistake a student makes may be seen as an educational or “teachable” moment.
Some of the goals of the process are:
- To prevent a student’s poor choices from recurring in the future.
- To address the root cause(s) of inappropriate behavior.
- To provide an optimum learning environment for all students.
Student Obligations and Responsibilities
As mature community members at Brazosport College, students are responsible for all aspects of their academic and personal behavior. The student is obligated to be fully acquainted with published BC regulations and comply with them to maintain an orderly and productive academic community.
By observing behaviors that violate Brazosport College policies, procedures, or the Code of Conduct, not removing themselves from the situation, and/or failing to report the violation(s), a student has demonstrated concurrence with the violation(s) and thus may be equally charged.
Violations
It should be understood that a regulation concerning every possible act of misconduct cannot be specifically stated. Below are some examples of violations:
- Alcohol: Possession, use, and/or distribution of alcoholic beverages in any form and/or impairment which can be attributed to the use of alcohol while on college property or participating in college-sponsored activities;
- Drugs: Using, manufacturing, distributing, or possessing drugs, narcotics, controlled substances, and/or drug paraphernalia, as those terms are defined by the Texas Controlled Substances Act, without a medical prescription under medical supervision or impairment which can be attributed to the use of such drugs;
- Gambling: Gambling on or about college property;
- Disorderly Conduct: Disorderly conduct, such as, but not limited to, acts that are against the public peace, order, or safety, and/or lewd, indecent, obscene conduct or expression on or off the campus;
- Sexual Misconduct: Conduct that exploits another student, a member of the faculty or staff, any visitor or contractor at a Brazosport College facility, or anyone participating in a Brazosport College function. This includes, but is not limited to, non-consensual voyeurism, non-consensual recording (audio or visual), non-consensual dissemination of recordings, sexual activity in public or semi-public places;
- Unlawful Entry: Gaining unauthorized or illegal entry into a BC building, room, or property by force or deception;
- Dishonesty: Dishonesty, including acts of cheating and plagiarism, and such acts as forgery, alteration, or misuse of college documents or identification, misuse of college email, altering student records, and/or intentionally furnishing false information to any college official, conduct officer, or a hearing board;
- Physical Assault and Battery: Assault is an attempt or threat, going beyond mere words, to use violence with the intent and the ability to harm another;
- Verbal Assault: Any oral or written speech that creates, or is intended to create, fear of physical harm;
- Non-Recognized Student Organizations: Non-recognized student groups attempting to function on the campus or in the name of Brazosport College;
- Failure to Comply: Failure to comply with any lawful directions, verbal or written, of any official of BC. This includes, but is not limited to, disruption of the learning environment. Failure to respond to an official request related to an alleged violation of college policy or regulation;
- Weapons: Possession or use of firearms not in compliance with the Rules Regarding Concealed Carry on Campus, fireworks, other weapons, or chemicals that are of an explosive or corrosive nature on college property or at college functions. The only exception is for educational purposes that have the prior approval of the Vice President, Academic Affairs & Institutional Effectiveness;
- Theft: The generic term for all crimes in which a person intentionally and fraudulently takes the personal property of another without permission or consent. Robbery, burglary, embezzlement, or owing a monetary debt to Brazosport College that is considered delinquent, or writing an “insufficient funds” check to Brazosport College, fall under this violation;
- Misuse of Property: Intentionally or recklessly interfering with the property of another, including taking items without permission, destroying, defacing, or damaging the property of another person. Knowingly possessing stolen property. The theft, mutilation, destruction, defacing, and/or gross disregard for any BC property. Misuse of college classrooms or laboratories;
- Technology: Violating policies, rules, or agreements signed by the student regarding the use of technology resources;
- Interference with Operations: Intentionally or recklessly interfering with the activities sponsored by, affiliated with, or participated in by members of the BC community. These activities include, but are not limited to, studying, teaching, campus activities, or any of the typical day-to-day operations of the college;
- False Alarm: The instigation of false fire/explosion, or emergency alarms, bomb threats, tampering/misusing or damaging fire extinguishers, alarms, or other safety equipment;
- Hazing: All forms of hazing, such as any action taken or situation created, intentionally, to produce mental or physical discomfort, embarrassment, ridicule, or possibly cause psychological or physical harm or injury to any person on or off the college campus;
- Arrest: Arrest for violation of local, state, or federal law and/or conduct that adversely affects the student’s suitability as a college community member. The college has the right to impose sanctions on any student who is arrested on or off campus;
- Harassment and Intimidation: Systematic and/or continued unwanted and annoying actions of one party or a group, including threats and demands. The purposes, such as racial prejudice, personal malice, or attempting to gain benefits such as grade changes, may vary. What is perceived as harassment to some may not be viewed in the same way by others. However, if the unwanted and aggressive acts persist, even after a person has asked them to cease, this is harassment. Similarly, intimidation often goes hand in hand with harassment as it is a method of harassment to scare someone or wear them down until they acquiesce to the harasser’s demands. If one person’s actions make another member of the college community feel scared or threatened, then it may be considered intimidation;
- Bullying: Engaging in written, or verbal expression, in person or through electronic means, that has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or property or is sufficiently severe, persistent, and pervasive enough that the action or threat creates an intimidating, threatening, or abusive environment;
- Threats: Expressions of intent to inflict evil, injury, or damage on another member of the college community or to the college itself. Threatening to do harm out of anger, malice, or for personal gain. Specifics are not needed to be offered by the person making the threats, or how they plan to carry out their actions. Ominous threats of impending danger, however vague, to a person or the college;
- Disruptive Behavior: Exhibit behaviors that may adversely impact the educational environment or otherwise interfere with the College’s operations or objectives;
- Guest Conduct: Students are entirely responsible for the conduct of their guests on or inside college property, as well as at functions sponsored by the college or any recognized college organization. This may require compensation or restitution for any damages caused;
- Other College Policies: Violation of policies, procedures, or regulations included in official publications of BC, such as, but not limited to, the college catalog and bulletins, driving and parking regulations, cafeteria and library rules, posted notices, computer use policy, website, and other departmental publications;
- Smoking Administrative Regulation: The use of any tobacco product, electronic cigarette, or vapor device throughout all indoor areas and within a 15-foot perimeter around all facility entrances, exits, and HVAC air intake vents under the control of BC, including BC vehicles. The ban includes tobacco products of all types (including, but not limited to, cigarettes, cigars, pipes, chewing tobacco, snuff, and all other kinds and forms of tobacco prepared in such a manner to be suitable for spit tobacco use, smoking, or both). This ban also includes herbal tobacco products and simulated tobacco products that imitate or mimic tobacco products, such as e-cigarettes, vapor cigarettes, pipes, or other types of inhalation devices. See Smoking Administrative Regulation CGD-R (Local), FLBB (Legal), and FLBB (Local) on the Brazosport College website for additional information.
- Filing False Charges: Students who knowingly file false Security, Code of Conduct, and/or Academic Dishonesty reports;
- Failure to Fulfill Sanctions: Failure to complete those obligations associated with a disciplinary sanction, such as restitution for damages, community service, and apology letters.
The college reserves the right to discipline students for acts of misconduct regardless of where the actual behavior occurs. Acts of theft, possession of weapons, physical violence, and possession or use of illegal drugs and/or alcohol will not be tolerated and may result in dismissal from the college. Certain acts of misconduct could result in referral to law enforcement officials in addition to being processed through the college’s student conduct system.
Academic Integrity
Scholastic dishonesty shall violate these rules and regulations and is punishable as prescribed by Brazosport College Board policies FLD (Local) - Student Rights and Responsibilities Student Complaints and FMA (Local) - Discipline and Penalties Discipline Procedure.
PLAGIARISM: Plagiarism is taking the work created by another person or entity and submitting it as your own for academic credit or other personal gain.
SELF-PLAGIARISM: Self-Plagiarism is presenting your own previously presented or submitted work as if it were new.
CHEATING: Cheating is using information in a variety of dishonest ways to obtain personal benefit for that particular student for academic or other personal gain.
COLLUSION: Collusion is the act of committing academic fraud with one or more persons. Collusion shall be defined as the unauthorized collaboration with another person in preparing coursework to fulfill course requirements and/or knowingly allowing students to commit academic integrity violations.
AI: Using artificial intelligence to complete coursework when the instructor has explicitly stated on their syllabus that using AI constitutes a violation.
To avoid academic integrity violations, students should:
- Before beginning any assignment, check with the faculty member to ensure you fully understand the assignment and how they want you to cite sources according to the policies in the course syllabus. Remember, not citing work properly and then claiming not to know what plagiarism means is not a valid excuse.
- When submitting an assignment, students must always include a list of sources they used to complete it. This is referred to as “citing” sources. By citing sources, students acknowledge that some of the work in their assignment is not an original idea and give due credit to the person who initially created the original idea or concept.
- The most obvious time to properly cite a source is when using a direct quote from a book or website. The student should then put this passage in quotation marks in their assignment and give proper credit.
- It is also important to cite sources even when they are not directly quoting the work or ideas of others. If a student paraphrases or summarizes a passage, which by definition is not a direct quotation, it still must be cited.
- Students should always complete their own work without unauthorized assistance from others.
- Unless expressly authorized by the faculty member, all quizzes, tests, and exams will be completed individually. Students may not use class notes, keep their books open, or use any unauthorized information for their own or a classmate’s gain.
- Without permission from faculty, never give (or receive) assistance to another student regarding any assignments (tests, quizzes, and/or exams included).
- Students must not submit the same assignment for credit in more than one class without the permission of all professors involved.
- It is considered cheating for a student to have another person take a test, quiz, or exam on their behalf in their absence. Students must always take their own tests and submit their own work.
- Students should always turn their cell phones and unauthorized electronic devices off before entering a class, especially during a test. Using a cell phone and/or any unauthorized electronic devices during a test can be considered cheating.
Student Organizational Misconduct
A recognized student organization may be subject to the student conduct violation process if any of the following occur:
- An alleged offense was committed by members of an organization, and an officer or advisor of that organization encouraged, sanctioned, or had knowledge that it occurred.
- An alleged offense was committed by members of an organization, or college funds were misused.
- An alleged offense was committed and was condoned by a majority of the members.
- An organization chose to protect or cover for one or more offenders who were members or guests of the organization.
- An alleged offense occurred as a result of an event sponsored by the organization.
- A pattern of violations by individual members is found to have existed without proper organizational control, remedy, or sanction.
- After hearing the case, the conduct officer deems that the offense was of an organizational nature.
Administration of Student Code of Conduct
The model for disciplinary procedures is not that of a criminal or civil court; rather, it is an administrative proceeding to address responsibility for violations of the Code of Conduct. All disciplinary matters fall under the authority of the Office of the Dean of Student Success. If necessary, the Dean may appoint a BC employee to act as the designee. The Dean of Student Success, or designee, will have the authority to investigate complaints, consider leniency following adjudication, settle cases informally on behalf of Brazosport College, and exercise other reasonably provided authority.
The Dean of Student Success, or the designee, will oversee the preparation of all cases in the conduct system on behalf of the college. The Dean, or the designee, will receive recommendations from the complainants and the Community Adjudication Board regarding sanctions and, if appropriate, impose sanctions.
Process
Any member of the BC community may report incidents involving alleged misconduct. After incident reports are received, they are investigated, and, if warranted, the accused are charged in accordance with the Code of Conduct and Academic Dishonesty policies. The accused will receive written notification of these charges and will have a pre-hearing meeting scheduled with the conduct officer. At this meeting, the accused will be able to hear the charges against them in full detail and be allowed to respond. Failure to schedule such a meeting within five business days will result in a decision being made by the conduct officer without the accused’s input.
Standard of Proof
The standard of proof used by college student conduct personnel to determine whether a student or organization violates the code of conduct is called the preponderance of the evidence. This means that the decision, based on the information presented, is made based on whether it is “more probable than not” that the alleged violation occurred.
Due Process
The following rights are given to accused students in any Brazosport College conduct proceeding:
The accused shall have the right to:
- Have their case processed without unreasonable delay.
- Receive prompt, written notice of alleged violation(s) per Brazosport College communication policies.
- Have reasonable access to any written testimony to be used against them, with a written request filed promptly with the conduct officer.
- Be able to, in a formal hearing process, question witnesses against them.
- To produce witnesses and/or evidence, per the prescribed procedure, on their behalf.
- Decide not to be a witness against themself or not to have their silence be construed as an admission of responsibility.
- A decision is based on a preponderance of the evidence.
Interim Suspension
Until a final decision has been reached in a particular case, the status of a student shall not be altered, and the student’s privileges to attend classes and be physically present on campus shall not be suspended or revoked. The exception to this would be in cases of a threat to the teaching/learning environment, the safety of community members, or to protect the property of Brazosport College. In such cases, the need for an interim suspension may be deemed appropriate, and the Dean of Student Success or their designee imposes an interim suspension. When the Dean of Student Success or their designee decides to impose an interim suspension, the student will be given notice of the charges, an informal opportunity to discuss the charges and possible outcomes with the person handling the case at their request, and the opportunity to schedule a hearing. A hearing will be scheduled within ten business days from the formal notice of interim suspension.
Hearing Process
Students charged with an offense will have their case decided informally or formally through the Student Conduct System as outlined below.
Informal Hearing Process
The conduct officer may allow an alleged violation to be resolved through an informal process. The conduct officer will meet with the accused to review the suggested changes and sanctions, as well as the available resolution options. The accused will be allowed to resolve the matter if they admit responsibility for the alleged violation(s) and accept the sanctions.
Formal Hearing Process
If the accused denies responsibility or does not accept the suggested sanctions, they must notify the hearing officer at the pre-hearing meeting. The case will then be heard by the College Community Appeals and Adjusdication Board (CAAB).
A Community Appeals and Adjudication Board (CAAB), comprised of five faculty and staff members appointed by the President, allows the accused to have their case decided by a panel or hearing board. This hearing will be conducted in accordance with the procedures established by BC. Witnesses may be called, cases may be presented, and the CAAB will make the final decision. A simple majority of the CAAB is sufficient to decide the case’s final outcome. The CAAB will recommend sanctions, and the Dean of Student Success or their designee may modify those recommendations appropriately, if necessary. The parties will be informed within five business days of the final sanctions and how and when they will be implemented.
Community Appeals and Adjudication Board (CAAB)
- The Community Appeals and Adjudication Board, hereinafter referred to as the CAAB, shall have the discretion to interpret, vary, and adjust procedural requirements to promote a fair and just decision, provided that student rights are respected.
- Membership: The CAAB shall be composed of five members of the BC community. Ideally, each CAAB will be comprised of faculty and staff.
The Dean of Student Success or designee shall serve as ex-officio advisor to the CAAB and its chair. The advisor should sit and advise the board at all hearings. The chair must ensure that presentations to the board are relevant and that order is maintained in the hearing. The chair has the power to remove someone for disorderly conduct. It is the special duty of the chair to make sure that presentations to the board by any hearing participant are relevant to the specific allegations.
CAAB members must participate in any training sessions scheduled by the Dean of Student Success or their designee to ensure they understand their duties and obligations as members, as well as the basic procedures and students’ rights during hearings.
Sanctions
The following may be imposed upon students depending on the nature and severity of the conduct:
- Educational Sanctions: While any sanction will be punitive, educational sanctions are designed to educate students and may include counseling or training.
- Verbal Warning: A verbal warning is an oral notice of a violation to a student who has violated a college rule or regulation. It will be documented in written form.
- Written Warning: A written warning is a formal notice of a violation, indicating that the continuation or repetition of such conduct may result in more severe disciplinary action. The written warning will be placed in the student’s permanent file and may be used in any future conduct proceedings.
- Disciplinary Probation: A student on disciplinary probation is excluded from participating in all extracurricular activities specified in the notice for a specific period. Further violations of any kind during this disciplinary probationary period may result in suspension or expulsion.
- Revocation of a Privilege: The sanction may include a prohibition on participation in a specific activity or restrictions on access to a location on campus.
- Grade Changes: A student violating academic integrity rules may have a course grade lowered by a letter, changed to a W or an F, or have an assignment or exam graded as a zero.
- Restitution: Restitution refers to the reimbursement of damages to or theft of property. Depending on the ownership of the damaged or stolen property, this payment may be made to an individual or the college. This may take the form of appropriate service work or financial compensation.
- Suspension: Suspension is the temporary revocation of a student’s privilege to enroll and be physically present on campus for a specified period. The conditions for reinstatement of these privileges shall be stated in the formal decision of suspension sent to the student.
- Expulsion: Expulsion is the permanent revocation of a student’s college enrollment privilege. This effectively brings to an end an academic career at BC. They may not register for any classes or participate in any educational programs associated with the college. Likewise, expulsion is a revocation of a person’s privilege to be physically present on campus.
Sanctions for Student Organizations
The following sanctions, in addition to those stated above, may be imposed on student organizations:
- Suspension: Suspension of an organization is the termination of privileges or activities of that recognized organization outlined in the notice for a specific period. This includes, but is not limited to, recruiting new members, raising funds, requesting donations, and hosting events in campus facilities.
- Expulsion: Expulsion of an organization is the permanent termination of status as a recognized organization.
Disciplinary Appeal Procedures
The purpose of an appellate review is to ensure that all parties are informed that the original findings of fact and imposition of sanctions or other solutions are consistent with Brazosport College policies and procedures.
The student, the Dean, or a designee may appeal an adverse decision. Written requests for appeal should be submitted to the Sr. Vice President, Student Success & Advancement or designee within five business days from the original decision date, except for reasons of new evidence, outlined below, which must be filed within 30 days of the original decision. In the request, the student should outline the specific issues and rationale for the appeal. Requests for appeal will be considered only when based on one or more of the following:
- Substantial procedural irregularity based upon a violation of student rights;
- Bias by the hearing officer or board resulting in a violation of the standards of fairness used in disciplinary hearings;
OR
- Evidence not available at the hearing, which, had it been available, would in all reasonable likelihood have produced a different decision.
Based on the above criteria, the Sr. Vice President will determine if the student or organization has grounds for appeal. Sr. Vice President, Student Success & Advancement may choose to affirm, reject, or modify the decision of the CAAB; remand the case back to the CAAB for further fact-finding or correction of procedural error. The decision of the Sr. Vice President, Student Success and Advancement is final.
Records of Disciplinary Action
All records about student violations of Brazosport College rules and regulations will be maintained as permanent records. The disciplinary records and proceedings shall be kept separate from the student’s academic record and shall be treated as confidential as required by law. Students have the right to inspect their disciplinary records upon filing a written request in a timely manner with the Dean of Student Success office.
Official Communications
Brazosport College’s email will be used as the official method for communicating with students. This policy stipulates that the College will convey relevant academic and administrative information to targeted student populations via their Brazosport.edu email account. Students are responsible for checking their email accounts frequently and consistently and familiarizing themselves with the content of College messages. Because correspondence may be time-sensitive, students are encouraged to check their accounts at least daily. Students, however, may opt to redirect email to an account of their choosing, but do so at their own risk. The College does not guarantee delivery to addresses forwarded to it. Errors in forwarding, messages returned ‘Mailbox Full’ or ‘User Unknown,’ or failing to check email are unacceptable excuses for missing official College communications.
Equal Employment Opportunity Statement
It is the policy of Brazosport College to consider all applicants for employment and all employees for placement, job assignments, transfers, promotion, reclassification, termination, compensation and benefits, and any other employment change without regard to gender, disability, race, creed, color, age, and national origin or veteran’s status. It is also the college’s policy to provide reasonable accommodations for individuals with disabilities, unless doing so would result in undue hardship.
The college will neither permit nor condone any act of discrimination against any employee or potential employee because of gender, disability, race, creed, color, age, national origin, or veteran status. Nor will the college tolerate harassment of its employees, and if proven, such actions will be considered grounds for termination.
Furthermore, Brazosport College expects all employees to perform their work in a businesslike manner, with a concern for the well-being of all employees and those they supervise. Any harassment of or discrimination against an employee is prohibited, regardless of the nature of the working relationship.
Specifically forbidden is harassment of a sexual, racial, ethnic, or religious nature. Such harassment includes, but is not limited to, unsolicited remarks, gestures, or physical contact; display or circulation of written materials or pictures derogatory to either gender or to racial, ethnic, or religious groups; or basing personnel decisions on an employee’s response to sexually-oriented requests.
Reports of discriminatory practices in employment or incidents of harassment in the workplace should be reported to Brad McGonagle, Vice President, Human Resources & Affirmative Action Officer. The college affords the same protections and rights under this policy to students as are afforded to college employees.
The college’s goal is to achieve, as early as possible, a reasonable college workforce that approximates that of the eligible workforce. Full cooperation and assistance from all associated with the college in achieving the goals of our policies and Institutional Employment Plan are expected. The overall responsibility for implementing and monitoring the college’s Institutional Employment Plan is delegated to Brad McGonagle, Vice President of Human Resources. Anyone with questions regarding the Institutional Employment Plan or this policy statement should contact the Vice President of Human Resources at 979-230-3459 or brad.mcgonagle@brazosport.edu.
Freedom From Discrimination, Harassment, And Retaliation
The College District prohibits discrimination and harassment of any student on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, disability, age, veteran status, genetic information, or any other basis prohibited by law. Retaliation against anyone involved in the complaint process is a violation of College District policy and is prohibited.
Americans with Disabilities Act and Section 504
Prevention and investigation of claims under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act:
Dr. Brad McGonagle, Vice President of Human Resources
Office C.117; 979-230-3459; brad.mcgonagle@brazosport.edu
Gender Discrimination and Sexual Harassment
Title IX of the Education Amendment and Brazosport College Policy specifically prohibit discrimination in services or benefits offered by the College based on gender. Brazosport College’s Policy FFDA (Local) provides that students are to be free from gender discrimination, harassment, and retaliation. It can be found at https://pol.tasb.org/Policy/Code/215?filter=FFDA.
Sexual violence and sexual harassment are forms of gender discrimination and, therefore, are prohibited under Title IX. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Sexual harassment includes but is not limited to unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome verbal comments of a sexual nature, and physical contact or touching of a sexual nature. Conduct is unwelcome when it is not solicited by an individual and is regarded by him or her as unwanted or offensive. Sexual harassment is wrongful regardless of whether the parties are of the same sex or the opposite sex. A violation of this policy occurs when the conduct is sufficiently severe or pervasive and:
- Submission to such conduct is explicitly or implicitly made a term or condition of employment, instruction, or participation in other College District activities;
- Submission to or rejection of such conduct is used as the basis for personnel or academic decisions that affect the individual who has been subjected to sexual advances; and/or
- Such conduct has the effect of interfering with the individual’s work or academic performance or creating an intimidating, hostile, or offensive work or learning environment.
Any person (student, faculty, staff, or guest) who has questions on this topic or who believes that discriminatory practices have occurred based on gender may discuss their concerns and file informal or formal complaints of possible violations of Title IX with any of the following individuals:
Dr. Brad McGonagle, Vice President of Human Resources
Office C.117; 979-230-3459; brad.mcgonagle@brazosport.edu
Dr. Gracie Pequeno, Director, Adult Education & Literacy and Deputy Title IX Coordinator
Office B.120; 979-230-3635; gracie.pequeno@brazosport.edu
24-Hour Crisis Hotlines:
(979) 849-5166
(800) 243-5788
(281) 585-0902
To the greatest extent possible, the College District shall maintain the confidentiality of records related to investigations of complaints based on discrimination, harassment, and sexual violence. Limited disclosures may be necessary to conduct a thorough investigation and comply with applicable laws. The College District’s Title IX coordinator shall be responsible for evaluating a student’s request for confidentiality in the context of the College District’s responsibility to provide a safe and nondiscriminatory environment for the entire college community.
Any person who has questions or who believes that discriminatory practices have occurred may also contact the Department of Education’s Office for Civil Rights at:
1999 Bryan Street, Suite 1620
Dallas, TX 75201-6810
Telephone: (214) 661-9600
Facsimile: (214) 661-9587
Email: OCR.Dallas@ed.gov
Pregnant and Parenting Students
Title IX regulations also prohibit discrimination based on pregnancy and related conditions in institutions that receive Federal funds. Title IX requires institutions to provide pregnant students with services and accommodations equal to those provided to non-pregnant students.
For questions, please contact:
Melanie Fulton, Coordinator of Student Development
Office: J.108; 979-230-3233; melanie.fulton@brazosport.edu
Campus Security
The safety and security of college employees, students, and contract employees are important concerns of Brazosport College. Substantial resources and many individuals are dedicated to providing students and employees a safe environment for learning and working. To provide security for college facilities and offer assistance to students and employees as needed, Brazosport College employs a Chief of Police/Director of Campus Safety, commissioned police officers, and security officers. Services of commissioned police officers from other police departments are also contracted to increase security at certain campus events. The College’s police and security officers patrol the campus facilities and parking lots.
Accidents, thefts, or other criminal offenses should be reported to Campus Safety at 979-236-3030, to the Brazosport College Switchboard, or by using one of the emergency call boxes located in campus parking lots.
Immediate threats should be reported by calling 911 or Campus Safety at 979-236-3030. Suspicious or criminal behavior may be reported using Tip Share on the Brazosport College website under Faculty & Staff >Resources > BC Report and clicking the Tip Share link under “Report Suspicious or Criminal Activity.
In compliance with the Student Right-to-Know and Campus Security Act of 1990, Brazosport College collects specified information on campus crime statistics.
Under federal law, alleged victims of violent crime are entitled to know the results of campus student disciplinary proceedings concerning the alleged perpetrators.
Brazosport College will provide timely reports to the campus community on crimes considered a threat to students and employees, as reported by local police and sheriff’s departments. The crime categories, as specified by the Department of Education, are:
- Criminal Offenses: (murder/non-negligent manslaughter, forcible sex offenses, non-forcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, and negligent manslaughter).
- Hate Offenses: (murder/non-negligent manslaughter, aggravated assault, all forcible sex offenses, including forcible rape, arson, negligent manslaughter, and simple assault).
- Arrests: (liquor law violations, drug law violations, and illegal weapons possession).
- Disciplinary Actions/Judicial Referrals: (liquor law violations, drug law violations, and illegal weapons possession).
To view the Brazosport College Campus Crime Statistics, visit Brazosport College > Faculty & Staff > Resources > Campus Safety/Police Department > Annual Security Report
This information can be found here.
Brazosport College Drug and Alcohol Abuse Prevention Policy
In compliance with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law L01 - 226), the following information is provided to you. Please read it carefully so that you are aware of college regulations and other information about the illicit use of drugs and abuse of alcohol by students. If you have questions concerning any of the information, please contact the Office of the Dean of Student Success at 979-230-3233.
Standards of Conduct
Please review the standards of conduct that prohibit the unlawful possession, use, or distribution of drugs and alcohol by students on our campus. Be governed by this information while you are a student at Brazosport College.
Legal Sanctions Under Local, State, & Federal Law for Unlawful Possession, Use, or Distribution of Illicit Drugs; & Alcohol Abuse:
Illicit Drugs
The controlled substances listed below are grouped into felonies and misdemeanors. This list of controlled substances is not a complete list of illegal drugs but represents the most common controlled substances found on college campuses. In some instances, the amount of controlled substances determines the degree of penalty. A felony is an offense for which a person could be sentenced to a term in prison. A state jail felony is an offense for which a person could be sentenced to confinement in a State Jail for a term not more than 2 years or less than 180 days. The person can additionally be fined up to $10,000. A misdemeanor is an offense for which a person may be sentenced to time in a county jail, a fine, or a combination of both, including a fine and county jail time.
Felony - Delivery/sale and possession
- Cocaine
- “LSD” (Lysergic Acid Diethylamide)
- “Ecstasy”/MDMA(4-Methylenedioxy Methamphetamine)
- Methamphetamine
- Amphetamine
- Methaqualone
- Benzodiazepines (Delivery/sale only)
- Heroin
- Methadone
- Marihuana
- More than 1/4 ounce, less than 5 pounds)
- Delivery to a minor
- Rohypnol (Distribution of any amount – Possession: 28 grams or more)
- Phenobarbital (3rd degree - Possession: 28 grams or more)
Misdemeanor - Possession
- Benzodiazepines
- Phenobarbital
- Rohypnol (less than 1 gram)
- Marihuana
- Four (4) ounces or less
- Delivery/sale of 1/4 ounce or less
Drug-Free Zones
Institution of higher learning means any public or private technical institute, junior college, senior college, university, medical or dental unit, or other agency of higher education as defined by Section 61.003, Education Code.
An offense otherwise punishable as a state jail felony under Section 481.112, 481.113, 481.114, or 481.120 is punishable as a felony of the third degree, and an offense otherwise punishable as a felony of the second degree under any of those sections is punishable as a felony of the first degree, if it is shown at the punishment phase of the trial of the offense that the offense was committed: in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning.
The above information is found in the Penal Laws of Texas, Subtitle C., Texas Health and Safety Code (Controlled Substances Act, Dangerous Drugs Act, Simulated Controlled Substances, Volatile Chemicals, and Abusable Glue and Aerosol Paint).
Intoxication & Alcoholic Beverage Offenses
Public Intoxication
- A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger themself or another.
- It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.
- An offense under this section is a Class C misdemeanor.
- An offense under this section is not a lesser included offense under Section 49.04
Consumption or Possession of an Alcoholic Beverage in a Motor Vehicle
- In this section:
- “Open Container” means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.
- “Passenger area of a motor vehicle” refers to the area of a motor vehicle designed for seating the operator and passengers of the vehicle. The term does not include:
- a glove compartment or similar storage container that is locked;
- the trunk of a vehicle; or
- the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.
- “Public Highway” means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for motor vehicle travel. The term includes the right-of-way of a public highway.
- A person commits an offense if they knowingly possess an open container in the passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated, stopped, or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.
- It is an exception to the application of Subsection (b) that at the time of the offense, the defendant was a passenger in:
- the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or
- the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.
- An offense under this section is a Class C misdemeanor.
- A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue a written citation and notice to appear before a magistrate, which shall include the name and address of the person charged, the offense charged, and the name and address of the magistrate. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person. Leg.H. Stats. 2001 77th Leg. Sess. Ch. 969, effective September 1, 2001.
Driving While Intoxicated – DWI
Beginning September 1, 1999, a blood alcohol level of .08 will be proof enough that a driver is intoxicated.
- A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
- Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
- If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
Intoxication Assault
- A person commits an offense if the person, by accident or mistake, while operating an aircraft, watercraft, or motor vehicle in a public place, is intoxicated, by reason of which intoxication causes serious bodily injury to another.
- In this section, “serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
- An offense under this section is a felony of the third degree.
Intoxication Manslaughter
- A person commits an offense if the person:
- operates a motor vehicle in a public place, an aircraft, or a watercraft; and
- is intoxicated and, because of that intoxication, causes the death of another by accident or mistake.
- An offense under this section is a felony of the second degree.
Enhanced Offenses and Penalties
If it is shown at the trial of an offense under Section 49.04, 49.05, or 49.06 that the person has previously been convicted one time of an offense relating to the operation of a motor vehicle while intoxicated, the offense is a Class A misdemeanor, with a minimum term of confinement of 30 days. If two previous convictions, it may be enhanced to a third-degree felony.
Health Risks Associated With Use of Illicit Drugs and the Abuse of Alcohol:
Alcohol
Short-Term Health Risks
Excessive alcohol use has immediate effects that increase the risk of many harmful health conditions. These are most often the result of binge drinking and include the following:
- Injuries, such as motor vehicle crashes, falls, drownings, and burns.
- Violence, including homicide, suicide, sexual assault, and intimate partner violence.
- Alcohol poisoning, a medical emergency that results from high blood alcohol levels.
- Risky sexual behaviors include unprotected sex or sex with multiple partners. These behaviors can result in unintended pregnancy or sexually transmitted diseases, including HIV.
- Miscarriage, stillbirth, or fetal alcohol spectrum disorders (FASDs) among pregnant women.
Long-Term Health Risks
Over time, excessive alcohol use can lead to the development of chronic diseases and other serious problems, including:
- High blood pressure, heart disease, stroke, liver disease, and digestive problems.
- Cancer of the breast, mouth, throat, esophagus, liver, and colon.
- Learning and memory problems, including dementia and poor school performance.
- Mental health problems, including depression and anxiety.
- Social problems, including lost productivity, family problems, and unemployment.
- Alcohol dependence, or alcoholism.
You can reduce the risk of these short-term and long-term health risks with limited or no use of alcohol.
Excerpted from https://www.cdc.gov/alcohol/fact-sheets/alcohol-use.htm
Drug Abuse
These health effects may occur after just one use.
Short-Term Health Risks
- changes in appetite
- wakefulness
- heart rate
- blood pressure
- mental health
Possible
- heart attack
- stroke
- psychosis
- overdose
- possibly death
These health effects may occur after just one use.
Long-Term Health Risks
Longer-term effects may include
- heart
- lung disease
- cancer
- mental illness
- HIV/AIDS
- Hepatitis
- Addiction
Excerpted from https://www.drugabuse.gov/related-topics/health-consequences-drug-misuse
Drug and Alcohol Counseling
Brazosport College works cooperatively with the Bay Area Council on Drugs and Alcohol (BACODA) to help individuals, families, and communities stop alcohol/drug abuse and addiction. BACODA offers services such as screening, motivational counseling, and referrals to help individuals and families return to a healthy track for productive lives. Educational programs are also available. To learn more about how BACODA can help you and your community, visit their website at www.bacoda.org or call 1-800-510-3111. For more information on other programs and services within the community, students should contact a counselor or the Dean of Student Success at 979-230-3233.
Drug-Free Zone
Rules concerning penalties for drug abuse and alcohol are subject to changes in state law. Students will be responsible for any changes that have occurred since the publication of this document.
Please Note:
All persons who visit the college campus, including students and employees, are reminded that Brazosport College is within the Drug-Free zone as defined, for inclusion purposes, in Section 61.003, Texas Education Code - “Institution of higher education” means any public or private technical institute, junior college, senior college or university, medical or dental unit or other agency of higher education.
Any person involved in an act of substance abuse in, on, or within 1,000 feet of the premises owned, rented, or leased by Brazosport College will be subject to punishment as defined and published in the Texas Penal Code.
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