Student Rights and Responsibilities

FERPA
Student Conduct
Student Dress Code
Tobacco Use
Alcohol and Drug Use
Student Conduct: Alcohol and Drug Use Policy
Student Rights and Responsibilities: Student Conduct Policy
Student Conduct: Prohibited Organizations and Hazing Policy
Discipline and Penalties: Discipline Hearings Procedures Policy
Student Rights and Responsibilities: Institutional Diversity & Equity
Student Rights and Responsibilities: Student Expression Policy
Student Welfare: Freedom from Bullying Policy

FERPA

The Family Educational Rights and Privacy Act (FERPA) provides eligible students certain rights regarding their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

1. The right to inspect and review the student’s education records within 45 days after the day the Blinn College District receives a request for access.
A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

3. The right to provide written consent before the university discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the College District in an administrative, supervisory, academic, research, or support staff position (including College District police department personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official may include a volunteer or contractor outside of the Blinn College District who performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College District.

Upon request, the school also discloses education records without consent to officials of other schools in which a student seeks or intends to enroll.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202

Directory information shall be released to a qualified individual or organization that files a written request with the Chancellor or designee.

The College District shall give public notice of the categories of information designated as directory information and of the period of time after such notice for a student to inform the College District that any or all of the directory information should not be released without prior consent.

The College District designates the following categories of student information as public or directory information. Such information may be disclosed by the institution:

Category I: Name, classification, major field of study, home address, and College District e-mail address.

Category II: Previous institutions attended, attendance status, awards, honors (including Distinguished and Chancellor’s lists), degree(s) conferred (including dates), past and present participation in officially recognized sports and activities, and physical factors (height, weight of athletes).

Currently enrolled students may withhold disclosure of either or both categories of information under the Family Educational Rights and Privacy Act (FERPA) of 1974. To withhold disclosures, the College District must receive written notification from the student, filed in the office of admissions and records on the Brenham Campus or Bryan Campus, within 12 calendar days from the first day of registration for each long term or four days for summer terms. The College District will provide forms for requesting the withholding of directory information in the offices listed above. The College District shall assume that failure on the part of any student to specifically request the withholding of directory information indicates individual approval for disclosure.

FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student –

• To other school officials, including teachers, within the Blinn College District whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §§ 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. [§ 99.31(a)(1)]
• To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. [§99.31(a)(2)]
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of § 99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. [§ 99.31(a)(6)]
• To accrediting organizations to carry out their accrediting functions. [(§ 99.31(a)(7)]
• To parents of an eligible student if the student is a dependent for IRS tax purposes. [§ 99.31(a)(8)]
• To comply with a judicial order or lawfully issued subpoena. [§ 99.31(a)(9)]
• To appropriate officials in connection with a health or safety emergency, subject to § 99.36. [§99.31(a)(10)]
• Information the school has designated as “directory information” under § 99.37. [§ 99.31(a)(11)]
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. [§ 99.31(a)(13)]
• To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or nonforcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. [§ 99.31(a)(14)]
• To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. [§ 99.31(a)(15)]

Student Conduct

Introduction Blinn College District expects each Blinn student to conduct himself or herself in accordance with acceptable standards of good behavior. Blinn students should not behave in a manner that is loud, obnoxious, offensive, or unlawful. Student behavior should also not disturb the rights, comforts, or conveniences of other persons. To that end, each student who enrolls at Blinn College District (the College District) accepts the policies and rules set forth in the College District’s Board Policy Manual and Administrative Regulations. In addition to the College District’s policies and regulations, each student agrees to abide by this Student Code of Conduct. Failure to follow the College District’s policies, regulations, or code of conduct will result in appropriate disciplinary action. The College District will determine what constitutes a violation of the policies, regulations, and code of conduct. The College District will consider each offense on a case-by-case basis and will determine and impose disciplinary action when necessary.

https://www.blinn.edu/student-conduct/index.html

Student Dress Code

Blinn College students are expected to dress following generally accepted community standards of neatness, cleanliness, modesty and good taste.

This procedure is interpreted to require students to wear shoes in all buildings other than residence halls and campus apartments. Elasticized, form-fitting, athletic-type apparel is not acceptable in the classrooms, labs, library or dining hall. Outer garments should cover underwear garments. Apparel with suggestive or obscene writing and/or indecent graphics may not be worn in any public area of the campus including, but not limited to, the classroom, labs, library, dining hall, student center, athletic fields or stadiums, and the residence halls day rooms. Tank tops are not permitted in the dining hall.

The right and responsibility to determine the appropriateness of the dress of a particular student lies with the classroom instructor or when the student is outside the classroom, with the immediate supervisor of the building or grounds the student is utilizing. An instructor may require specific, appropriate dress when students are to give classroom presentations or speeches of any type or when representing the College outside the classroom. When an instructor or supervisor informs a student that the clothing s/he is wearing is not appropriate, the student must leave the classroom or other facility until the student changes the clothing or agrees not to wear such clothing again, as the instructor or supervisor directs.

Students may appeal any decision or directive relative to dress in accordance with the appeals process established by the Board policy FLD (LOCAL) on student complaints or Board Policy FMA (LOCAL) on disciplinary appeals (if a disciplinary penalty has been imposed).

Blinn Administrative Procedure

https://pol.tasb.org/Policy/Download/1204?filename=FLBA(LEGAL).pdf

Tobacco Use

Tobacco use through any or no device shall not be permitted within College District owned, leased, or controlled vehicles, buildings, property, or other facilities as outlined under Blinn Board Policy Tobacco Use

Exceptions

Tobacco use is only permitted in designated outdoor areas clearly marked with signs and in private vehicles on College District property.

Enforcement

The enforcement methods for noncompliance of the provisions on tobacco use are as follows:

• The violator may be assessed a fine of $25.
• The violator may be escorted off campus/property.
• The violator may be charged with criminal trespass.

Blinn Board Policy FLB (LOCAL)

Alcohol and Drug Use

The Blinn College District prohibits students from using, possessing, controlling, manufacturing, transmitting, distributing, selling, or being under the influence of intoxicating beverages in classroom buildings, laboratories, auditoriums, library buildings, museums, faculty and administrative offices, intercollegiate and intramural athletic facilities, and all other public campus areas. Additionally, no student shall possess, use, control, manufacture, transmit, distribute, sell, or attempt to possess, use, control, manufacture, transmit, distribute, sell, or be under the influence of, any substance on Blinn College District premises or off premises at a Blinn College District-sponsored activity, function, or event as outlined under Blinn Board Policy FLBE (LOCAL) 

Alcohol and Drug Use

Drug and alcohol use, misuse, and abuse are complex behaviors with many outcomes at both the cultural and the individual levels. Awareness of the dangerous effects of drug/ alcohol use is imperative for an individual’s well-being or survival. Negative Consequences of drug/alcohol may be exhibited through:

• Physical dependence (the body’s learned requirement of a drug for functioning).
• Psychological dependence (the experiencing of persistent craving for the drug and/ or a feeling the drug/alcohol is a requirement for functioning).

Abuse of any drug/alcohol whether licit or illicit may result in marginal to marked, temporary to permanent physical and/or psychological damage, even death. Since many of the illicit drugs are manufactured and sold illegally, their content varies and may contain especially harmful ingredients or amounts.

Regardless of the types of drug/alcohol utilized, a perceived need for the continued use is likely to ensue, resulting in dependence. Dependence on drugs and/or alcohol alters the user’s psychological functioning. The acquisition of drugs and alcohol becomes the primary focus of the drug dependent individual and often results in reduced job performance and jeopardized family and other interpersonal relationships. Criminal behavior is frequently the means for financing a drug habit. Behavior patterns often include violence and assault as the individual becomes increasingly drug/alcohol dependent. Social and psychological alienation and medical problems increase as the abuser becomes entrapped in drug/alcohol dependence. Drug/alcohol counseling referrals are available in the counselors’ offices of the College.

Student Conduct: Alcohol and Drug Use Policy

Alcohol

A student shall be prohibited from using or being under the influence of intoxicating beverages in classroom buildings, laboratories, auditoriums, library buildings, museums, faculty and administrative offices, intercollegiate and intramural athletic facilities, and all other public campus areas. With the prior consent of the Board or the Board’s designee, the provisions herein may be waived with respect to any specific event that is sponsored by the College District. State law shall be strictly enforced at all times on all property controlled by the College District in regard to the possession and consumption of alcoholic beverages.

Controlled Substances

No student shall possess, use, transmit, or attempt to possess, use, or transmit, or be under the influence of, any of the following substances on College District premises or off premises at a College District-sponsored activity, function, or event:

• Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
• Any abusable glue, aerosol paint, or any other volatile chemical substance for inhalation.
• Any performance-enhancing substance, including steroids.
• Any designer drug.
• Any other intoxicant or mood-changing, mind-altering, or behavior-altering drug.
• The manufacture, transmittal, delivery, sale, or attempted sale of what is represented to be any of the above-listed substances shall also be prohibited under this policy.

Student Rights and Responsibilities: Student Conduct Policy

Definition

Definitions of terms used in this policy shall be as follows.

Student

A “student” shall mean one who is currently enrolled in the College District. These policies and regulations shall also apply to any prospective or former student who has been accepted for admission or readmission to any component institution while he or she is on the premises of any component institution.

Premises

The “premises” of the College District is defined as all real property over which the College District has possession and control.

Disorderly Conduct

“Disorderly conduct’” shall include any of the following activities occurring on premises owned or controlled by the College District:

1. Behavior of a boisterous and tumultuous character such that there is a clear and present danger of alarming persons where no legitimate reason for alarm exists.
2. Interference with the peaceful and lawful conduct of persons under circumstances in which there is reason to believe that such conduct will cause or provoke a disturbance.
3. Violent and forceful behavior at any time such that there is a clear and present danger that free movement of other persons will be impaired.
4. Behavior involving personal abuse or assault when such behavior creates a clear and present danger of causing assaults or fights.
5. Violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which there is reason to believe that such conduct will cause or provoke a disturbance.
6. Willful and malicious behavior that interrupts the speaker of any lawful assembly or impairs 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.
7. Willful and malicious behavior that obstructs or causes the obstruction of any doorway, hall, or any other passageway in a College District building to such an extent that the employees, officers, and other persons, including visitors, having business with the College District are denied entrance into, exit from, or free passage in such building.

Responsibility

Each student shall be charged with notice and knowledge of, and shall be required to comply with, the contents and provisions of the College District’s rules and regulations concerning student conduct.

All students shall obey the law, show respect for properly constituted authority, and observe correct standards of conduct. Each student shall be expected to:

1. Demonstrate courtesy, even when others do not;
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 students, faculty, and other College District staff and volunteers;
7. Respect the property of others, including College District property and facilities; and
8. Cooperate with and assist the College District staff in maintaining safety, order, and discipline.

Prohibited Conduct

The following behavior shall be prohibited:

Federal, State, and Local Law

1. Violations of federal, state, or local law or College District policies, procedures, or rules, including the college catalog.

Prohibited Weapons

2. Possession, distribution, sale, or use of firearms or other prohibited weapons without prior approval. [See FLBF]

Drugs and Alcohol

3. The use, possession, control, manufacture, transmission, or sale, or being under the influence, of a drug or narcotic through any or no device, as those terms are defined by the Texas Controlled Substances Act, or other prohibited substances described in FLBD, unless under the direction of a physician.

4. The use, possession, control, manufacture, transmission, or sale of paraphernalia related to any prohibited substance.

5. The use, possession, control, manufacture, transmission, or sale, or being under the influence, of alcohol or other intoxicating beverage without the permission of the College District.

Debts

6. Owing a monetary debt to the College District that is considered delinquent or writing an “insufficient funds” check to the College District.

Disruptions

7. “Disorderly conduct”, as defined above, or disruptive behavior.

8. Disrupting the orderly operations of a campus or College District facility.

Behavior Targeting Others

9. Threatening another person, including a student or employee.

10. Intentionally, knowingly, or negligently causing physical harm to any person.

11. Engaging in conduct that constitutes harassment, bullying, or dating violence directed toward another person, including a student or employee. [See DIA, FFD, and FFE as appropriate]

12. Hazing with or without the consent of a student. [See FLBC]

13. Initiations by organizations that include features that are dangerous, harmful, or degrading to the student, a violation of which also renders the organization subject to appropriate discipline.

14. Endangering the health or safety of members of the College District community or visitors to the premises.

Property

15. Intentionally, knowingly, or negligently defacing, damaging, misusing, or destroying College District property or property owned by others.

16. Stealing from the College District or others.

Directives

17. Failure to comply with directives given by College District personnel.

18. Failure to provide identification when requested to do so by College District personnel.

Tobacco Use

19. Tobacco use through any or no device in College District-owned, -leased, or -controlled vehicles, buildings, property, or other facilities.

Exception

Tobacco use shall be permitted only in designated outdoor areas clearly marked with signs and in private vehicles on College District property.

Enforcement

The enforcement methods for noncompliance of the tobacco use provisions are as follows:

a. The violator may be issued a fine of $25.

b. The violator may be escorted off campus/property.

c. The violator may be charged with criminal trespass.

Misuse of Technology

20. Violating policies, rules, or agreements signed by the student regarding the use of technology resources.

21. Attempting to access or circumvent passwords or other security-related information of the College District, students, or employees or uploading or creating computer viruses.

22. Attempting to alter, destroy, or disable College District technology resources including but not limited to computers and related equipment, College District data, the data of others, or other networks connected to the College District’s system.

23. Using the Internet or other electronic communications to threaten College District students, employees, or volunteers.

24. Sending, posting, or possessing electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal.

25. Using e-mail or websites to engage in or encourage illegal behavior or threaten the safety of the College District, students, employees, or visitors.

26. Possessing published or electronic material that is designed to promote or encourage illegal behavior or that could threaten the safety of the College District, students, employees, or visitors.

Dishonesty

27. Making false accusations or `perpetrating hoaxes regarding the safety of the College District, students, employees, or visitors.

28. Intentionally or knowingly providing false information to the College District.

29. Intentionally or knowingly falsifying records, passes, or other College District-related documents.

Gambling

30. Gambling.

Other Conduct

31. Engaging in any conduct that College District officials might reasonably believe will substantially disrupt the College District program or incite violence.

Discipline

A student shall be subject to discipline, including suspension, in accordance with FM and FMA if the student violates this policy:

1. While on College District premises;

2. While attending a College District activity; or

3. While elsewhere if the behavior adversely impacts the educational environment or otherwise interferes with the College District’s operations or objectives.

Publication

The student conduct rules contained in this policy and any other conduct rules of the College District developed by the District Chancellor shall be published in the college catalog.

Blinn Board Policy FLB (LOCAL)

Student Conduct: Prohibited Organizations and Hazing Policy

Hazing Offense

A person commits an offense if the person:

Personal

1. Engages in hazing.
2. Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing.
3. Has first-hand knowledge of the planning of a specific hazing incident involving a student in an educational institution, including a college district, or first-hand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution.

Organization

An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.

Definitions

“Hazing” means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution by one person alone or acting with others, directed against a student, that endangers the mental or physical health or the safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. The term includes:

1. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
2. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
4. Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described above.
5. Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.

“Organization” means a fraternity, sorority, association, corporation, order, society, corps, club, or service, social, or similar group, whose members are primarily students.

“Student” means any person who:

1. Is registered in or in attendance at an educational institution;
2. Has been accepted for admission at the educational institution where the hazing incident occurs; or
3. Intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.

Blinn Board Policy FLBC (LEGAL)

Discipline and Penalties: Discipline Hearings Procedures Policy

Reports of Alleged Misconduct

Unless another policy governs the processing of a complaint - such as bullying or dating violence [see FFE]; discrimination, harassment and retaliation [see FFD] - College District faculty, staff, and students shall submit an alleged violation or violations of College District policies and procedures, including the rules for student conduct [see FLB], committed by a student to the vice chancellor, student services within thirty (30) calendar days. The allegations must be submitted in writing, through traditional or electronic means, and must describe the alleged violation and any surrounding facts.

The vice chancellor, student services or designee shall investigate the matter as necessary. If an allegation is deemed to be unfounded, the vice chancellor, student services or designee shall dismiss the alleged violation and shall provide the student who is the subject of the allegation a written notice that the allegation of misconduct was made against the student and that the allegation was dismissed.

Conference

If, however, the vice chancellor, student services or designee determines that the allegation warrants further consideration, the vice chancellor, student services or designee shall require the student who is the subject of the allegation to attend a conference to be held within a reasonable time frame, not to exceed ten (10) College District business days, following the receipt of the alleged violation of misconduct.

At the conference, the vice chancellor, student services or designee shall notify the student of the allegation(s) and provide the student an opportunity to respond.

Unfounded Allegations

After conferring with the student, if the vice chancellor, student services or designee determines that the student did not commit a violation of College District policies and/or procedures, including the rules of student conduct, then the allegation(s) shall be dismissed as unfounded. The student shall be provided written notice of the dismissal.

Misconduct Warranting a Sanction

If the vice chancellor, student services or designee determines that the student committed a violation of College District policies and/or procedures that warrants a sanction, the vice chancellor, student services or designee shall inform the student in writing of the determination and the student’s right of disciplinary appeal.

Interim Disciplinary Suspension

In a situation where it is determined that a student’s continued presence at the college constitutes an immediate threat of harm to the student, other individuals, and/or College property or presents a threat of disrupting the educational environment, the vice chancellor, student services or designee may suspend a student pending final disposition of the case through the College discipline process.

Student Right of Disciplinary Appeal

A student has the right to appeal an initial administrative disposition to the chairperson of the disciplinary appeals committee. The chairperson shall notify the student and the committee of the appeal date, time, and location to review the administrative disposition in question. Following the appeal process, the chairperson will notify the student of the committee’s decision, and this decision will serve as the concluding administrative action regarding the violation. Except when a student has been suspended from the campus by the District Chancellor or designee, all penalties except interim suspension or expulsion shall be held in abeyance until the student accepts the penalty given or the appeals process has ended.

Disciplinary Appeals Committee

The disciplinary appeals committee shall be convened:

1. At the request of a student appealing an administrative disposition. The request must be filed in writing, on a form provided by the College District, within one (1) College District business day of the receipt of the administration’s disposition; or
2. At the request of the vice chancellor, student services or an appointed designee.

Student Request of Disciplinary Appeal

When a student refuses administrative disposition of a violation and appeals the disposition, the student is entitled to a hearing before the disciplinary appeals committee. This request must be made in writing to the chairperson within one (1) College District business day following administrative disposition. The request shall include:

1. Name, address, and student I.D. number;
2. Description, date(s) and place(s) of alleged act(s) for which the student was disciplined;
3. Date of administrative disposition;
4. Nature of disciplinary measure;
5. Circumstances that the student feels should be reviewed;
6. The student’s signature and date; and
7. 7. The student’s intention, if any, of having an attorney present for the hearing. The attorney will not be allowed to question witnesses but only to advise the student except in hearings brought under Section 51.233-234 regarding withdrawal of consent to remain on campus during periods of disruption or if there is a determination that the student is unable to question witnesses due to extenuating circumstances.

Student Notification of Appeal Hearing

The chairperson of the disciplinary appeals committee shall notify the student by letter of the date, time and location of the appeals hearing. Unless the student and the vice chancellor, student services or designee otherwise agree, the appeal shall take place within a reasonable time period, not to exceed five (5) College District business days, after the date of the student’s request for the appeal.

The chairperson of the disciplinary committee shall notify the student of the appeal date, time, and location of hearing and shall advise the student of the right to:

1. Have a private hearing;
2. Appear alone or with legal counsel;
3. Have the student’s parents or guardian present at the hearing;
4. Require the production of documentation and other evidence possessed by the College District regarding the alleged violation; and
5. Arrange to have a stenographer present at the hearing to make a transcript of the hearing at the student’s expense (the student is not permitted to record the hearing by electronic means).

Failure to Appear for Hearing

The disciplinary appeals committee may impose appropriate sanctions upon a student who, without good cause, fails to appear at his or her designated appeal hearing. For purposes of assessing sanctions, the committee may proceed with the hearing.

Procedure

The hearing shall be informal, and the chairperson shall provide reasonable opportunities for witnesses to be heard. The College District may be represented by legal counsel if the student is to be represented by legal counsel. The hearing shall be closed, except that, with the consent or on invitation of the student, members of the student’s immediate family and the student’s attorney may attend. The committee shall proceed as follows during the hearing:

1. The chairperson shall read the description of the alleged violation.
2. The chairperson shall inform the student of his or her rights.
3. The vice chancellor or designee shall present the College District’s case.
4. The student shall present the student’s response.
5. The designated College District official or representative shall present rebuttal evidence.
6. The student shall summarize his or her case.
7. The designated College District official or representative shall summarize the College District’s case.
8. The committee members shall meet alone to deliberate the case. The committee members shall vote on the issue of whether or not the student violated the College District policies and procedures.
9. Based on a majority vote, if the committee finds the student in violation, the committee will determine the appropriate sanction.
10. The chairperson shall inform the student of the committee’s decision and sanction, if any, immediately following the hearing.

Evidence

Legal rules of evidence shall not apply to hearings brought under this policy. The committee may admit and consider evidence that possesses probative value and is commonly accepted by reasonable persons in the conduct of affairs. The committee shall exclude irrelevant, immaterial, and unduly repetitious evidence. Committee members may freely question witnesses, but committee members are not subject to questioning. The committee shall presume no violation has occurred and will make its decision based on the evidence presented. All evidence shall be offered to the committee during the hearing and made part of the hearing record. Documentary evidence may be admitted in the form of copies. Tangible evidence may be photographed or described for the records. The committee shall decide whether a violation has occurred and an appropriate sanction solely on the basis of preponderance of the evidence. The committee may consider a student’s grades and disciplinary record only in determining an appropriate sanction after finding the student in violation.

Record

The hearing record shall include a copy of the notice of hearing, all documentation and other evidence offered or admitted at the hearing, minutes of the hearing, and the committee’s decisions.

The committee chairperson, shall send the record to the District Chancellor, vice chancellor, student services, and designated College District administrators, with a copy to the student, within one (1) College District business day of the hearing.

Sanctions

A student shall be subject to disciplinary sanctions for violations of College District policies and procedures per FM (Local).

Once a sanction has been imposed by the committee, the chairperson shall notify the student of the committee’s decision, and this decision shall serve as the concluding administrative action regarding the violation. There is no right to appeal to the vice chancellor, student services, District Chancellor, Board, or any appointed designee(s), however, the vice chancellor, student services, District Chancellor, Board, and any appointed designee may amend the committee’s findings at their sole discretion.

Disciplinary Probation

Blinn College District maintains rules and regulations and reserves the right to dismiss or to place on disciplinary probation a student for violation and infraction of rules. The College reserves the right to remove the probation. A student who is placed on disciplinary probation forfeits the privilege to hold elective offices and honors.

If a student is placed on disciplinary probation or is dismissed by the Disciplinary Committee, the student will be afforded due process as provided by

Blinn Board Policy FMA (Local).

Section 51.234 Provisions

If a student is notified in accordance with Section 51.234 of the Texas Education Code that consent to remain on the campus or facility under the control of the College District has been withdrawn due to reasonable cause to believe that the person has willfully disrupted the orderly operation of the campus or facility and will constitute a substantial and material threat to the orderly operation of the campus or facility, the student may request a hearing. A student requesting a hearing under this provision has the following rights:

1. The right to be represented by counsel;
2. The right to call and examine witnesses and to cross-examine adverse witnesses;
3. The right to have all matters upon which the decision may be based introduced into evidence at the hearing in the student’s presence;
4. The right to have the decision based solely on the evidence presented at the hearing;
5. The right to prohibit the introduction of statements made against him or her unless the student has been advised of the content and the names of the person who made the statements and has been given the opportunity to rebut unfavorable inferences that might otherwise be drawn; and
6. The right to have all findings made at the hearing be final, subject only to the student’s right to appeal to the District Chancellor and the Board.

Blinn Board Policy FMA (LOCAL)

Student Code of Conduct

https://www.blinn.edu/administrative-regulations/pdf/bcd-student-code-of-conduct.pdf

Student Rights and Responsibilities: Institutional Diversity & Equity

Institutional Diversity and Equity Statement

As an institute of higher education, Blinn College’s mission is to build stronger communities by providing quality, comprehensive education, and empowering students to achieve excellence in their educational careers and personal goals. Part of a complete educational journey involves learning and experiencing new and different cultures in preparation for actively engaging in today’s global-based economy.

Blinn remains committed to raising the awareness of its students, employees, and campus community by offering opportunities to experience other cultures and explore the common elements we all share as human beings.

https://www.blinn.edu/diversity-equity/index.html

First Amendment

A governmental entity, including a college district, shall take no action respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Board for a redress of grievances.

Forum Analysis

Traditional Public Forum

A “traditional public forum” includes locations, such as sidewalks and parks, where members of the public have historically been permitted to gather and speak on any topic. An institution’s property is not a traditional public forum, with the exception of sidewalks, streets, and parks that are indistinguishable from surrounding city property.

If an institution’s property is deemed a traditional public forum, the entity may exclude particular content if that entity can assert a compelling governmental interest that is narrowly tailored to address that interest, a standard referred to as the “strict scrutiny” standard. The institution can also enforce viewpoint-neutral time, place, and manner restrictions to meet a compelling governmental interest if a sufficient number of alternative communication channels are available.

Designated Public Forum

A “designated public forum” is a forum that a college or university intentionally opens to the general public to discuss matters of public concern. Once designated, an institution may enforce reasonable time, place, and manner restrictions. Any content limitations are subject to the strict scrutiny standard described above.

Limited Public Forum

A “limited public forum” is a forum that an institution opens to a particular group of speakers or for discussion regarding a particular topic. Within a limited public forum, limits on expression must be viewpoint-neutral and reasonable in light of the purpose of the forum. The government may impose reasonable time, place, and manner restrictions, as long as these restrictions do not relate to the content of the expression.

To distinguish between a designated public forum and a limited public forum, courts consider two factors:

1. the intent of the institution regarding the forum, and
2. the forum’s nature and compatibility with particular speech.

Nonpublic Forum

If an institution has not opened a public forum, it remains a “nonpublic forum”. Although limits on expression must be reasonable and viewpoint neutral even within a nonpublic forum, an institution will have greater discretion to control the content of speech within such a forum.

Protected Speech

The mere dissemination of ideas on the campus of an institution of higher education may not be restricted on the basis of conventions of decency, regardless of how offensive those ideas are to good taste. However, an institution has the authority to enforce reasonable regulations as to the time, place, and manner of speech and its dissemination. Also see Blinn Board Policies CHE(LEGAL) and CHE(LOCAL) for use of the College District’s mail system.

Blinn Board Policy FLA(LEGAL)

https://www.blinn.edu/first-amendment-on-campus/index.html

For specific rules related to the free speech area for each campus contact:

BRENHAM CAMPUS
Name: Dr. John Turner
Position: Executive Dean, Brenham Campus
Address: 902 College Avenue, Brenham 77833-4049
Office Telephone (979) 830-4316

BRYAN CAMPUS
Name: Dr. Jimmy Byrd
Position: Executive Dean, Bryan Campus
Address: 2423 Blinn Blvd., Bryan 77802
Office Telephone (979) 209-7287

RELLIS CAMPUS
Name: Chris Marrs
Position: Executive Dean, RELLIS Campus
Address: 1366 Bryan Rd., Bryan, TX 77807
Office Telephone (979) 691-2069

SCHULENBURG CAMPUS
Name: Rebecca Garlick
Position: Executive Dean, Schulenburg Campus
Address: 100 Ranger Drive, Schulenburg 78956
Office Telephone (979) 743-5222

SEALY CAMPUS
Name: Lisa Caton
Position: Executive Dean, Sealy Campus
Address: 3701 Outlet Center Drive, Suite 250 Sealy 77474
Office Telephone (979) 627-0286

Student Rights and Responsibilities: Student Expression Policy

Distribution of Literature

Written or printed materials, handbills, photographs, pictures, films, tapes, or other visual or auditory materials not sponsored by the College District shall not be sold, circulated, or distributed on College District premises by any College District student or registered student organization [see FKC], in accordance with this policy and administrative procedures adopted pursuant to this policy.

The College District shall not be responsible for, nor shall the College District endorse, the contents of any nonschool literature distributed by students or registered student organizations.

This policy shall not apply to materials distributed under the supervision of instructional personnel as a part of instruction or as part of other authorized classroom or College District-sponsored activities. Additionally, nothing in this policy is intended to preclude the exchange of private notes and materials and like items between individuals who have a personal relationship or kinship.

[For distribution of nonschool literature by nonstudents and organizations that are not registered student organizations, see GF]

Limitations on Content

Non-school literature shall not be distributed by students or registered student organizations on College District property if:

1. The materials are obscene.
2. The materials contain defamatory statements about public figures or others.
3. The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action.
4. The materials constitute unlawful harassment. [See DIA series and FFD series]
5. The materials constitute impermissible solicitation. [See FI]
6. The materials infringe upon intellectual property rights of the College District. [See CT]

Time, Place, and Manner Restrictions

The vice chancellor, student services or designee shall designate times, locations, and means by which non-school literature that complies with this policy, may be made available or distributed by students or registered student organizations to students or others on College District premises.

Administrative procedures adopted pursuant to this policy shall not discriminate based on the content or viewpoint of the literature or on the expected reaction of others to the literature.

Distribution of the non-school literature shall be conducted in a manner that:

1. Is not materially disruptive [See FLB];
2. Does not impede reasonable access to College District facilities;
3. Does not result in damage to College District property;
4. Does not include any prolonged or repeated contact with persons who have declined the literature;
5. Does not cause a substantial invasion of the rights of others; and
6. Does not violate local, state, or federal laws or College District policies and procedures.

The distributor shall make a reasonable effort to retrieve and remove any literature that was discarded or not distributed.

Display of Signs

For the purposes of this policy, “sign” shall be defined as a hand-held billboard, decal, notice, placard, poster, banner, or other message-bearing material that can be held or carried by a person, and “posting” shall be defined as any means used for displaying a sign in a fixed location.

Except for signs that violate the limitations on content, as described above, a student may publicly carry a sign in outdoor common areas of the College District in accordance with time, place, and manner rules established by the administration. Hand-carried signs may not be used in a manner that blocks or obstructs windows or pedestrian or vehicular traffic.

A sign shall not be attached or posted to any College District building, lawn, light pole, fence, fixture, shrub, plant, tree, or fire hydrant. Unattended signs are not permitted, except as outlined below.

Exceptions

Students who live in on-campus housing may place a posting on the doors of their rooms to which they are assigned in accordance with administrative procedures.

Registered student organizations may place postings on outdoor community bulletin boards or kiosks that are maintained for that purpose. The signs shall be posted and removed in accordance with administrative procedures.

Registered student organizations may request to make postings on indoor bulletin boards. The postings shall be posted and removed in accordance with administrative procedures.

Removal

A student or registered student organization shall remove each posting from a community bulletin board or kiosk not later than 14 days after posting or, if it relates to an event, not longer than 48 hours after the event to which it relates has ended.

Disclaimer

When reasonably necessary to avoid likely confusion, literature distributed by a registered student organization must include a disclaimer indicating that the literature is not sponsored by the College District and does not represent the views of the College District or College District officials, faculty, or staff.

Identification

Students or registered student organizations distributing materials on campus shall provide identification when requested to do so by a College District representative.

Violations of Policy

Failure to comply with the policy and procedures regarding distribution of non-school literature shall result in appropriate administrative action, including but not limited to confiscation of nonconforming materials, suspension of a student’s or registered student organization’s use of College District facilities, and/or other disciplinary action in accordance with the College District’s discipline policies and procedures [See FM and FMA].

Appeals

The administration shall maintain a procedure providing for a prompt appeal of a decision denying a request. The procedure shall require that the appeal be heard within five business days of the filing of the appeal.

Blinn Board Policy FLA (LOCAL)

https://www.blinn.edu/first-amendment-on-campus/index.html

Student Title IX: Freedom from Discrimination, Harassment, and Retaliation Policy

The Blinn College District is committed to fostering a fair and safe environment for all students. Discrimination, including harassment or retaliation, against any student on the basis of race, color, religion, sex/gender, national origin, disability, age, or any other basis prohibited by law is strictly prohibited.

Title IX was created in the Education Amendments of 1972 to prohibit discrimination (to exclude, separate, deny benefits to or otherwise treat differently) based on sex. This includes discrimination based on same-sex, gender identity or failure to conform to stereotypical notions of masculinity or femininity. Any form of sexual discrimination, harassment, misconduct or violence will not be tolerated in the Blinn community.

Title IX applies to all students (as well as applicants for admission) at educational institutions (and off-campus) regardless of their sex, sexual orientation, gender identity, part- or full- time status, disability, race or national origin in all aspects of educational programs and activities. All students deserve the right to a fair and safe educational environment.

https://www.blinn.edu/title-ix/index.html

Statement of Nondiscrimination

The College District prohibits discrimination, including harassment, against any student on the basis of race, color, religion, gender, national origin, disability, age, 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.

Discrimination

Discrimination against a student is defined as conduct directed at a student on the basis of race, color, religion, gender, national origin, disability, age, or on any other basis prohibited by law, that adversely affects the student.

Prohibited Harassment

Prohibited harassment of a student is defined as physical, verbal, or nonverbal conduct based on the student’s race, color, religion, gender, national origin, disability, age, or any other basis prohibited by law that is so severe, persistent, or pervasive that the conduct limits or denies a student’s ability to participate in or benefit from the College District’s educational program.

Examples

Examples of prohibited harassment may include offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, or need for accommodation; threatening, intimidating, or humiliating conduct; offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other kinds of aggressive conduct such as theft or damage to property.

Sexual Harassment by an Employee

Sexual harassment of a student by a College District employee includes unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when a College District employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct. The conduct is so severe, persistent, or pervasive that it limits or denies the student’s ability to participate in or benefit from the College District’s educational program.

By Others

Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it limits or denies a student’s ability to participate in or benefit from the College District’s educational program.

Examples

Examples of harassing behavior include, but are not limited to, unwelcome and inappropriate touching, sexually suggestive remarks or gestures, unsolicited pornographic materials, obscene messages sent via text or computer, pressure for sexual activity, and sexual assault and rape.

Sexual Violence

Sexual violence is a form of sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or due to an intellectual or other disability.

Sexual assault is defined as any unwanted, non-consensual sexual contact against any individual by another. Sexual assault can occur either forcibly (against a person’s will) or when a person cannot give consent (under the age of consent, intoxicated, developmentally disabled, or mentally/physically unable to consent).

Rape is defined as nonconsensual sexual intercourse that involves the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. When the person is incapable of giving consent because he or she is incapacitated from alcohol and/or drugs, or if a mental disorder or developmental or physical disability renders the victim incapable of giving consent, this is nonconsensual.

Examples

Examples of sexual harassment of a student may include sexual advances; touching intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; rape; sexual assault; sexual battery; sexual coercion; and other sexually motivated conduct, communications, or contact.

Physical contact not reasonably construed as sexual in nature is not sexual harassment.

Gender-Based Harassment

Gender-based harassment includes physical, verbal, or nonverbal conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of masculinity or femininity. For purposes of this policy, gender-based harassment is considered prohibited harassment if the conduct is so severe, persistent, or pervasive that the conduct limits or denies a student’s ability to participate in or benefit from the College District’s educational program.

Examples

Examples of gender-based harassment directed against a student, regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity, may include offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct such as theft or damage to property.

Retaliation

The College District prohibits retaliation by a student or College District employee against a student alleged to have experienced discrimination or harassment or another student who, in good faith, makes a report of harassment or discrimination, serves as a witness, or otherwise participates in an investigation.

Examples

Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not include petty slights or annoyances.

False Claims

A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with a College District investigation regarding discrimination or harassment shall be subject to appropriate disciplinary action.

Prohibited Conduct

In this policy, the term “prohibited conduct” includes discrimination, harassment, and retaliation as defined by this policy, even if the behavior does not rise to the level of unlawful conduct.

Reporting Procedures

Student Report

Any student who believes that he or she has experienced prohibited conduct or believes that another student has experienced prohibited conduct should immediately report the alleged acts to a responsible employee (any College District employee, resident assistant (RA), campus police officer).

Employee Report

Any College District employee, resident assistant (RA), campus police officer who suspects and any responsible employee who or receives notice that a student or group of students has or may have experienced prohibited conduct shall immediately notify the appropriate College District official listed in this policy and shall take any other steps required by this policy.

Exceptions

A person who holds a professional license requiring confidentiality, such as a counselor, or who is supervised by such a person shall not be required to disclose a report of prohibited conduct without the student’s consent.

A person who is a non-professional counselor or advocate designated in administrative procedures as a confidential source shall not be required to disclose information regarding an incident of prohibited conduct that constitutes personally identifiable information about a student or other information that would indicate the student’s identity without the student’s consent, unless the person is disclosing information as required for inclusion in the College District’s annual security report under the Clery Act [see GAC].

Responsible Employee

For purposes of this policy, a “responsible employee” is an employee:

1. Who has the authority to remedy prohibited conduct.
2. Who has been given the duty of reporting incidents of prohibited conduct.
3. Whom a student reasonably believes has the authority to remedy prohibited conduct or has been given the duty of reporting incidents of prohibited conduct.

The College District designates the following persons as responsible employees: any College District employee, resident assistant (RA), campus police officer.

Definition of College District Officials

For the purposes of this policy, College District officials are the ADA/Section 504 coordinators, the Title IX coordinator/ specialist, and the District Chancellor or designee.

ADA / Section 504 Coordinators

Reports of discrimination based on disability may be directed to the appropriate ADA/Section 504 coordinator. The College District designates the following persons to coordinate its efforts to comply with Title II of the American Disabilities Act of 1990, as amended, which incorporates and expands the requirements of Section 504 of the Rehabilitation Act of 1973, as amended:

Brenham, Schulenburg, & Sealy Campuses:
Sophia Polk, Director, Disability Services
902 College Avenue, Brenham, TX 77833
(979) 830-4134 or brenham.ods@blinn.edu
Brenham Campus: Administration Bldg., Suite 104

Bryan and RELLIS Campuses:
Samantha Johnson, Director, Disability Services
2423 Blinn Boulevard, Bryan, TX 77802
Bryan Campus: Room D-160
(979) 209-7251 or bryan.ods@blinn.edu
RELLIS Campus: Schwartz Building, Suite 230
(979) 209-8947 or rellis.ods@blinn.edu

Title IX Coordinator/Specialist

Reports of discrimination based on sex, including sexual harassment/violence or gender-based harassment, may be directed to a responsible employee (any College District employee, the Title IX coordinators/specialist resident assistant (RA), or campus police officer). The College District designates the following persons to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended:

Title IX Coordinator:
Dr. Bennie Graves, Dean, Title IX, Institutional Diversity, & Equity
902 College Avenue, Brenham, TX 77833
(979) 830-4701 or bgraves@blinn.edu

Deputy Coordinator-Schulenburg Campus:
Dr. Becky Garlick, Executive Dean,
Blinn Schulenburg Campus
100 Ranger Drive, Schulenburg, TX 78956
(979) 743-5222 or bgarlick@blinn.edu

Deputy Coordinator-Sealy Campus:
Lisa Caton, Executive Dean, Blinn Sealy Campus
3701 Outlet Center Drive, Sealy, TX 77474
(979) 627-0286 or lisa.caton@blinn.edu

Investigator:
Dr. Adrienne McCain, Title IX Investigator
902 College Avenue, Brenham, TX 77833
(979) 830-4216 or adrienne.mccain@blinn.edu

College District Other Anti-Discrimination Laws Coordinator

The District Chancellor or designee shall serve as coordinator for purposes of College District compliance with all other antidiscrimination laws.

Alternative Reporting Procedures

A student shall not be required to report prohibited conduct to the person alleged to have committed the conduct. Reports concerning prohibited conduct, including reports against the ADA/Section 504 coordinators or the Title IX coordinator/ specialist may be directed to the District Chancellor or designee.

A report against the District Chancellor or designee may be made directly to the Board. If a report is made directly to the Board, the Board shall appoint an appropriate person to conduct an investigation.

Timely Reporting

Reports of prohibited conduct shall be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to immediately report may impair the College District’s ability to investigate and address the prohibited conduct.

Investigation of the Report

The College District may request, but shall not require, a written report. If a report is made orally, the College District official shall reduce the report to written form.

Initial Assessment

Upon receipt or notice of a report, the College District official shall determine whether the allegations, if proven, would constitute prohibited conduct as defined by this policy. If so, the College District official shall immediately authorize or undertake an investigation, except as provided below at CRIMINAL

Investigation

If the College District official determines that the allegations, if proven, would not constitute prohibited conduct as defined by this policy, the College District official shall refer the complaint for consideration under the appropriate College District process.

Interim Action

If appropriate and regardless of whether a criminal or regulatory investigation regarding the alleged conduct is pending, the College District shall promptly take interim action calculated to address prohibited conduct prior to the completion of the College District’s investigation.

College District Investigation

The investigation may be conducted by the College District official or designee(s) or by a third party designated by the College District, such as an attorney. The investigator shall have received appropriate training regarding the issues related to the complaint and the relevant College District’s policy and procedures

The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations.

Criminal Investigation

If a law enforcement or regulatory agency notifies the College District that a criminal or regulatory investigation has been initiated, the College District shall confer with the agency to determine if the College District’s investigation would impede the criminal or regulatory investigation. The College District shall proceed with its investigation only to the extent that it does not impede the ongoing criminal or regulatory investigation. After the law enforcement or regulatory agency has completed gathering its evidence, the College District shall promptly resume its investigation.

Concluding the Investigation

Absent extenuating circumstances, such as a request by a law enforcement or regulatory agency for the College District to delay its investigation, the investigation should be completed within ten College District business days from the date of the report; however, the investigator shall take additional time if necessary to complete a thorough investigation.

The investigator shall prepare a written report of the investigation. The report shall be filed with the College District official overseeing the investigation.

Notification of Outcome

The College District shall provide written notice of the outcome, within the extent permitted by the Family Educational Rights and Privacy Act (FERPA) or other law, to the victim and the person against whom the complaint is filed.

College District Action

Prohibited Conduct

If the results of an investigation indicate that prohibited conduct occurred, the College District shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct in accordance with College District policy and procedures [see FM and FMA].

Corrective Action

Examples of corrective action may include a training program for those involved in the complaint, a comprehensive education program for the College District community, counseling to the victim and the student who engaged in prohibited conduct, follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred, involving students in efforts to identify problems and improve the College District climate, increasing staff monitoring of areas where prohibited conduct has occurred, and reaffirming the College District’s policy against discrimination and harassment.

Exception

The College District shall minimize attempts to require a student who complains of sexual harassment to resolve the problem directly with the person who engaged in the harassment; however, if that is the most appropriate resolution method, the College District shall be involved in an appropriate manner. Mediation shall not be used to resolve sexual harassment complaints.

Improper Conduct

If the investigation reveals improper conduct that did not rise to the level of prohibited conduct, the College District may take disciplinary action in accordance with College District policy and procedures or other corrective action reasonably calculated to address the conduct.

Confidentiality

To the greatest extent possible, the College District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law.

Appeal

A student who is dissatisfied with the outcome of the investigation may appeal through FLD (LOCAL), beginning at the appropriate level. A student shall be informed of his or her right to file a complaint with the United States Department of Education Office for Civil Rights.

Records Retention

Retention of records shall be in accordance with the College District’s records retention procedures. [See CIA]

Access to Policy, Procedures, & Related Materials

Information regarding this policy and any accompanying procedures, as well as relevant educational and resource materials concerning the topics discussed in this policy, shall be distributed annually to College District employees and students in a manner calculated to provide easy access and wide distribution, such as through electronic distribution and inclusion in major College District publications. Information regarding the policy, procedures, and related materials shall also be prominently published on the College District’s website. Copies of the policy and procedures shall be readily available at the College District’s administrative offices and shall be distributed to a student who makes a report.

Blinn Board Policy FFD (Local)

Student Welfare: Freedom from Bullying Policy

Note: This policy addresses bullying targeting College District students. For provisions regarding discrimination and harassment targeting College District students, see FFD.

Bullying Prohibited

The College District prohibits bullying as defined by this policy. Retaliation against anyone involved in the complaint process is a violation of College District policy and is prohibited.

Definitions - Bullying

Bullying occurs when a student or group of students engages in written or verbal expression, expression through electronic means, or physical conduct that occurs on College District property, at a College District-sponsored or College District-related activity, or in a vehicle operated by the College District and that:

1. 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 of damage to the student’s property; or
2. Is so sufficiently severe, persistent, and pervasive that the action or threat limits or denies a student’s ability to participate in or benefit from the College District’s educational program.

Examples

Bullying of a student may include hazing, threats, taunting, teasing, confinement, assault, demands for money, destruction of property, theft of valued possessions, name-calling, rumor spreading, or ostracism.

Retaliation

The College District prohibits retaliation by a student or College District employee against any person who in good faith makes a report of bullying, serves as a witness, or participates in an investigation.

Examples

Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not include petty slights or annoyances.

False Claim

A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with a College District investigation regarding bullying or retaliation as defined by this policy shall be subject to appropriate disciplinary action.

Timely Reporting

Reports of bullying or retaliation shall be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to immediately report may impair the College District’s ability to investigate and address the prohibited conduct.

Reporting Procedures

Student Report

To obtain assistance and intervention, any student who believes that he or she has experienced bullying or believes that another student has experienced bullying should immediately report the alleged acts to an instructor, counselor, administrator, or other College District employee.

Employee Report

Any College District employee who suspects or receives notice that a student or group of students has or may have experienced bullying or retaliation shall immediately notify the campus police or campus director.

Report Format

A report may be made orally or in writing. The campus police or campus director or designee shall reduce any oral reports to written form.

Prohibited Conduct

The campus police or campus director or designee shall determine whether the allegations in the report, if proven, would constitute prohibited conduct as defined by policy FFD, including harassment or discrimination on the basis of race, color, religion, gender, national origin, disability, or age. If so, the College District shall proceed under policy FFD instead. If the allegations could constitute both prohibited conduct and bullying, the investigation under FFD shall include a determination on each type of conduct.

Investigation of the Report

The campus police or campus director or designee shall conduct an appropriate investigation based on the allegations in the report. The campus police or campus director or designee shall promptly take interim action calculated to prevent bullying or retaliation, as defined by this policy, during the course of an investigation, if appropriate.

Concluding the Investigation

Absent extenuating circumstances, the investigation should be completed within ten College District business days from the date of the initial report alleging bullying or retaliation, as defined by this policy; however, the campus police or campus director or designee shall take additional time if necessary to complete a thorough investigation.

The campus police or campus director or designee shall prepare a final, written report of the investigation. The report shall include a determination of whether bullying or retaliation, as defined by this policy, occurred. A copy of the report shall be sent to the District Chancellor or designee.

College District Action

If the results of an investigation indicate that bullying or retaliation as defined by this policy occurred, the College District shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct.

Corrective Action

Examples of corrective action may include implementing a training program for the individuals involved in the complaint, implementing a comprehensive education program for the College District community, conducting follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred, involving students in efforts to identify problems and improve the College District climate, increasing staff monitoring of areas where bullying or retaliation has occurred, and reaffirming the College District’s policy against bullying and retaliation.

Improper Conduct

If the investigation reveals improper conduct that did not rise to the level of bullying or retaliation as defined by this policy, the College District may take disciplinary or any other appropriate corrective action.

Confidentiality

To the greatest extent possible, the College District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation.

Appeal

A student who is dissatisfied with the outcome of the investigation may appeal through FLD (LOCAL), beginning at the appropriate level.

Rec ords Retention

Retention of records shall be in accordance with the College District’s records retention procedures. [See CIA]

Access to Policy

Information regarding this policy and accompanying procedures shall annually be made available to College District employees and students and shall be published on the College District’s website. Copies of the policy and procedures shall be readily available at the College District’s administrative offices.

Blinn Board Policy FFE (LOCAL)

https://www.blinn.edu/title-ix/index.html