Great Basin College (GBC) is a System institution of the Nevada System of Higher Education (NSHE) and encourages all students to pursue academic studies and other college sponsored activities that promote intellectual growth and personal development. Students are responsible for complying with NSHE and college guidelines and meeting the appropriate college requirements. In joining the academic community, the student enjoys the right of freedom to learn and shares responsibility in exercising that freedom. Student conduct is expected in accordance with college standards.

When a complaint or charge of student misconduct is brought forth, it shall be processed in accordance with the policies and procedures prescribed in the NSHE Board of Regents Code Title 2, Chapter 6, which is outlined in this document. The complete document may be found in the appendices of the annual Great Basin College Catalog(s). For purposes of this document, the term “member of the college community” as it applies to students includes all persons taking courses at GBC, both full-time and part-time students. Persons who are not officially enrolled for a particular term, but who have a continuing relationship with the college are considered “students.”

Misconduct

Misconduct, as defined and established in NSHE Code, Title 2, Chapter 6. Section 6.2.2, is as follows:

(a) Commission of any act interfering with academic freedom.

(b) Use of, or threat to use, force or violence against any member or guest of the System community, except when lawfully permitted.

(c) Interference by force, threat or duress with the lawful freedom of movement of persons or vehicles on the premises of the System.

(d) Intentional disruption or unauthorized interruption of the functions of the System, including but not limited to classes, convocations, lectures, meetings, recruiting interviews and social events, on or off premises of the System.

(e) Willful damage, destruction, defacement, theft, or misappropriation of equipment or property belonging to, in the possession of or on premises occupied by the System.

(f) Knowing possession on any premises of the System of any firearms, explosives, dangerous chemicals or other dangerous weapons as defined by the laws of the State of Nevada, without the written authorization of the president of any System institution or the president’s authorized agent, unless such possession reasonably relates to duly recognized System functions by appropriate members of the faculty, other employees, or students.

(g) Continued occupation of buildings, structures, grounds or premises belonging to, or occupied by, the System after having been ordered to leave by the president of a System institution or the president’s designee.

(h) Forgery, alteration, falsification or destruction of System documents or furnishing false information in documents submitted to the System.

(i) Making an accusation, which is intentionally false or is made with reckless disregard for the truth against any member of the System community by filing a complaint or charges under this code or under any applicable established grievance procedures in the System.

(j) Repeated use of obscene or abusive language in a classroom or public meeting of the System where usage is beyond the bounds of generally accepted good taste and which, if occurring in a class, is not significantly related to the teaching of the subject matter.

(k) Willful incitement of persons to commit any of the acts herein prohibited.

(l) Disorderly, lewd, or indecent conduct occurring on System premises or at a System sponsored function on or off such premises.

(m) Any act prohibited by local, state, or federal law that occurs on System premises or at a System sponsored function on or off premises.

(n) Use of threats of violence against a faculty member or the faculty member’s family in order to secure preferential treatment for grades, loans, employment or other service or privilege accorded by the System.

(o) Any act of unlawful discrimination based on race, creed, sex, age, handicap (disability), national origin or any act of employment or educational retaliation against any person who has made a complaint about such discrimination.

(p) Any act of sexual harassment when submission to a request or demand of a sexual nature is either an explicit or implicit term or condition of employment or of academic grading, or where verbal or physical conduct of a sexual nature has the effect of creating an intimidating, offensive, or hostile work or classroom environment.

(q) Acts of academic dishonesty, including but not limited to cheating, plagiarism*, falsifying research data or results, or assisting others to do the same.

*Plagiarism is presenting someone else's words, ideas or data as one's own. When a student submits work that includes the words, ideas, or data of others, the source of that information must be acknowledged through complete, accurate, and specific references. And if verbatim statements are included, through quotation marks as well. In academically honest writing or speaking, the student will acknowledge the source whenever:

• Another person's actual words are quoted.
• Another person's idea, opinion, or theory is used, even if it is completely paraphrased in the student's own words.
• Facts, statistics, or other illustrative materials are borrowed, unless the information is common knowledge.

Nationally recognized plagiarism detection software may be used to check student work.

(r) Willfully destroying, damaging, tampering with, altering, stealing, misappropriating, or using without permission any system program or file of the Nevada System of Higher Education.

(s) Acts of hazing, which are defined as any method of initiation into or affiliation with the university or community college community, a student organization, a sports team, an academic association, or other group engaged in by an individual that intentionally or recklessly endangers another individual.

(t) Any other conduct, which violates applicable stated prohibitions, policies, procedures, rules, regulations, or bylaws of the Board of Regents or a System institution. “Messages, attitudes, or any other form of communication deemed to be outside the bounds of common decency/civility as judged by common standards of classroom behavior (determined, as they would be in a regular classroom, by the instructor) will not be tolerated”

The behavior of GBC students as members of the Nevada System of Higher Education (NSHE), is governed by GBC and NSHE Code. Misconduct, as defined and established in the NSHE Code, Title 2, Chapter 6, Section 6.2.2 and the above misconduct as defined by GBC, is subject to Disciplinary Sanctions as defined by NSHE Code, Title 2.

All complaints of alleged misconduct (Section 6.2.2 above) made against a GBC student by any person should be submitted to the administrative officer who is the Vice President for Student Services, Berg Hall, Elko Campus, 775.753.2282 or lynn.mahlberg@gbcnv.edu.

By the Code, all complaints alleging misconduct must be in writing and must specify the date, time, place, nature, and names of person(s) involved in the alleged misconduct (Section 6.8.1). The administrative officer shall investigate the alleged misconduct with the purpose of clarifying the facts and positions taken by the parties involved. The investigation shall be completed within 60 calendar days of the receipt of the complaint.

 

GBC Disciplinary Proceedings Procedure

The NSHE Board of Regents charges the President of Great Basin College with the responsibility of establishing and enforcing the rules and regulations outlined in the NSHE Code, Title 2. These regulations are designed to enable the college to protect against the conduct of those, who by their actions, impair or infringe on the rights of others or interfere with the orderly operation of the college. With regard to student misconduct, the president has delegated the processing of specific hearings and/or appeals to the administrative officer (Section 6.4.4 and 6.7).

Immediacy Clause

The President of the College may impose upon the accused student an administrative leave from GBC premises when it is determined that the action is required to protect life, limb, or property, maintain order, or investigate a sexual harassment charge (Section 6.5.1).

An administrative leave from GBC premises is an interim action, designed to prohibit the presence of an individual on any GBC campuses for an interim period of time. A hearing with regard to the administrative leave will be held within 10 college working days of the leave, unless the person placed on leave agrees to delay the hearing to a later time (Section 6.5.2). This hearing will determine if the administrative leave should remain in effect until a disciplinary hearing on the allegation may be held. The accused has the right to have one adviser; and, must give written notice of the name and address of the adviser, and whether the adviser is an attorney, to the administrative officer no later than five college working days before the time set for the hearing (Section 6.9.6). Provisions applicable to hearings may be found in Section 6.9 of the Code, Title 2.

Informal Proceedings

The administrative officer shall facilitate an informal resolution process, when appropriate and with the approval of the president. An informal conference is conducted with the complainant and the accused. The purpose of the informal proceedings is to permit the complainant to drop the complaint or to permit the accused to voluntarily accept disciplinary sanctions. Again, the accused has the right to have an adviser accompany him or her. Procedurally, informal action becomes formal when a complaint is not resolved within seven college working days. Throughout the informal process and only until such time as the accused voluntarily accepts sanctions, the accused individual has the right to request a formal hearing.

Formal Proceedings

The administrative officer will take action to resolve the allegation in a timely manner and shall conduct the investigation of the reported incident. Following the fact-finding investigation, the administrative officer shall make a recommendation to the president. A hearing shall be held whenever the president accepts the administrative officer’s recommendation to that effect or does not accept a contrary recommendation from the administrative officer (Section 6.8.2). The president may concur that the complaint is so weak or insubstantial that it is without merit, or it is filled with incoherent statements so that the complaint, as a whole, cannot be considered to be grounded in fact; the complaint is a continuation of a pattern of previously filed complaints involving the same or similar allegations against the same recipient or other recipients that repeatedly have been found to be unsubstantiated; or, that the same allegations and issues of the complaint have been addressed in a recently closed informal and/or formal proceeding. If the president determines that the matter should not go to a hearing, the administrative officer may send a letter to the complainant and the alleged student indicating that the complaint lacks merit and the charges are dismissed. If the president concurs that the allegations may have merit, the administrative officer shall present a charging letter to accused, who may present a written answer with seven college working days of receiving the letter. However, although the individual charged is free to make a written reply, there is no requirement or compulsion to do so (Section 6.8.2). If a hearing is recommended, the president shall make his decision as to the type of hearing within seven college working days after receipt of the administrative officer’s recommendation. Also, within five college working days after notification of the president’s decision, the president shall name the general hearing officer or the hearing committee and inform the administrative officer, complainant, and the student charged.

Hearing Procedures

Pursuant to the NSHE Code, Title 2, Chapter 6 (6.4.4 and 6.8.2e), the procedures to conduct a hearing are to be determined by the president or his/her designee. Hearings are in accordance with the provisions as set for in Section 6.9 of the Code. “The Administrative Officer shall make physical and scheduling arrangements for hearings required by Section 6.10 through 6.12 of the Nevada System of Higher Education.” (6.9.2)

The accused student and the complainant must receive a written notice at least 10 college working days before the hearing. By Code, Title 2, Chapter 6. 6.9.3, the notice must include:

• The date, time, and place of the hearing;
• Specification of the misconduct charge;
• To the extent reasonably possible, specifications of the misconduct, including names of witnesses, circumstances of incident, time and place of the incident, and names of any person(s) involved;
• Notification that the person charged may be accompanied by an adviser of their choice, and of the time the person charged must notify the administrative officer of the name and address of the adviser, if any, and whether the adviser is an attorney.
• Other information the administrative officer may wish to include.

The president may decide to appoint a general hearing officer (Section 6.10) or appoint a hearing committee (Section 6.11). If a hearing committee is appointed, it will be composed of two students, two faculty, and one person, who is either a classified employee or professional employee. The chair of the committee will be selected by the appointed hearing committee members. Hearings are conducted in the following manner:

• Evidence shall be admitted if it possesses reasonably probative value, materiality, and relevance. No evidence other than that received at the hearing shall be considered in the decision. Upon request, the person charged, the person’s adviser, if any, and the administrative officer shall have the right to examine, at least five college working days prior to the hearing during reasonable business hours, any documentary evidence to be presented at the hearing. The parties shall have the right to present, challenge, or rebut evidence and to question or cross-examine witnesses. Formal rules of evidence shall not apply, but irrelevant or unduly repetitious evidence shall be excluded (Section 6.9.4).
• The administrative officer shall provide a summary record of the case.
• The committee (or hearing officer) shall discuss (or review) the issues, hear testimony, ask questions of the parties involved and witnesses, and consider all available evidence pertaining to the charge.
• The parties shall have the right to present statements, testimony, evidence, and witnesses. The accused student has the right to have an adviser accompany him/her to the hearing; however, the administrative officer must be informed of the adviser’s name, address, and whether the adviser is an attorney no later than five college working days prior to the hearing (Section 6.9.6).
• The committee (or hearing officer) shall submit its findings of fact and recommend no action or one of the actions that will be taken (Section 6.3, 6.3.6, 6.3.7) to the administrative officer and the president.
• The hearing shall be closed to the public unless the student charged requests an open hearing (Section 6.9.8). Only the student charged and one adviser, the administrative officer and one adviser, the person or persons conducting the hearing, a person designated to record a hearing, and witness(es) while such a witness(es).
• The hearing shall be tape-recorded, and the recordings will be kept in the administrative officer’s office for at least one year (Section 6.12.5).
• A summary record of the proceedings, if held in closed session, shall be kept by the administrative officer in a confidential file. All applicable guidelines as specified by the Family Education rights and Privacy Act of 1974 (FERPA) shall be followed regarding student record privacy.
• A recommendation will be made to the president no later than six months after the filing of the complaint with the administrative officer (Section 6.12.7).

President’s Action

Upon receipt of the recommendation by the hearing committee (or hearing officer), the president shall review the findings of fact and recommendation(s). One of the following actions will be taken (Section 6.13). The president may:

• Dismiss the charge,
• Affirm the recommended sanction,
• Impose a lesser sanction than recommended,
• Impose a greater sanction than recommended,
• Order a new hearing.

If there is no appeal, the decision of the president is final. Copies of this decision will be forwarded to the accused, the complainant, the administrative officer, and the chair of the hearing committee (or hearing officer). Pending final action on the charge, the accused individual’s status shall not be altered, and the individual shall be allowed to be present at college functions and facilities, unless the immediacy clause was enacted.

Appeal

The accused may file a written appeal of the president’s decision within 10 college working days of the receipt of the decision. The appeal must reasonably establish that:

• procedures under which the student was charged were invalid or were not followed,
• the student charged did not have adequate opportunity to prepare and present a defense,
• evidence presented at the hearing was not substantial enough to justify the decision, or
• sanction imposed was not in keeping with the gravity of the violation.

Within seven college working days, the administrative officer will direct the appeal, along with any reply the administrative officer deems necessary, provided to the president for reconsideration when the sanction is suspension or a lesser sanction; or to the Board of Regents if the action is expulsion. If a reply by the administrative officer is included, a copy must be sent to the student. The decision on the appeal will be conducted in a reasonable amount of time and may include the following actions:

• Dismiss the charge,
• Affirm the charge,
• Impose a lesser sanction, or
• Order a new hearing.

Disciplinary Sanctions

The NSHE Code, Title 2, establishes disciplinary sanctions. Depending on the seriousness of the misconduct, these sanctions may be imposed in any order.

Warning

A warning is a notice, oral or written, that continuation or repetition of prohibited conduct may be the cause for more severe disciplinary action.

Reprimand

A reprimand is formal censure or severe reproof administered in writing to a person engaging in prohibited conduct.

Restitution

Restitution is the requirement to reimburse the legal owners for a loss due to defacement, damage, fraud, theft, or misappropriation of property. The failure to make restitution shall be the cause for more severe disciplinary action.

Probation

Probation consists of a trial period not exceeding one year in which the conduct of the student will be evaluated in terms of whether any prohibited acts are committed. Probation may include exclusion from participation in privileged or extracurricular activities of the System. The person placed on probation shall be notified, in writing, that the commission of prohibited acts will lead to more severe disciplinary sanctions. The official transcript of the student on probation may be marked “DISCIPLINARY PROBATION” for the period of the probation and any exclusions may be noted. Parents or legal guardians of minor students shall be notified of the action.

Suspension

Suspension is exclusion for a definite period of time from attending classes and from participating in other activities of the System, as set forth in a written notice to the student. The official transcript of the student shall be marked “DISCIPLINARY SUSPENSION EFFECTIVE (DATE) TO (DATE).” Parents or legal guardians of minor students shall be notified of this action. A student who is not currently enrolled in the System and who was not registered during the previous semester may request that the notation of the disciplinary suspension be removed from the official transcript when two years have elapsed since the expiration of the student’s suspension. Such requests must be made in writing to the president. If the request is not granted, the student at yearly intervals thereafter may submit a request for removal of the notification.

Expulsion or Termination

Expulsion is the termination of student registration and status for an indefinite period of time. Permission of the president shall be required for readmission after the expulsion. The official transcript of the student shall be marked “For DISCIPLINARY EXPULSION EFFECTIVE (DATE) TO (DATE).” The parents or legal guardians of minor students shall be notified of the action. If you have any questions about the Nevada System of Higher Education Great Basin College Rules and Disciplinary Procedures for Members of the University Community, please contact: Lynn Mahlberg, GBC Elko Campus, room 160, 775.753.2282, or email lynn.mahlberg@gbcnv.edu.

Along with imposing a disciplinary sanction of reprimand (formal censure) or probation, a student's enrollment in a course(s) may be withdrawn by the administrative officer at the request of the instuctor and approval of the president.