Student Rights

Hawkeye Community College champions the ideal of academic freedom for its instructors, students, administrators, staff, and all members of the community it serves.

The College pledges to protect the communication of ideas that are academically valid, creative, and challenging, as well as points of view that are original and alternative, in all venues and media associated with the college. Instructors, students, and any other participants in college-based dialogues will make every effort to utilize information that is timely, factually accurate, and relevant to student learning outcomes.

The College shall provide a safe learning environment that stimulates a desire for life-long learning. The College requires all members to practice civility, academic decorum, and mutual respect, as well as inclusion of all members of the community. Hawkeye Community College embraces its role in promoting social responsibility, active citizenship, and the protection of rights guaranteed by the First Amendment of the Constitution of the United States.

Hawkeye provides a variety of accommodations for qualified students with disabilities according to the Americans with Disabilities Act and Vocational Rehabilitation Act.

Services are designed to enhance the student’s abilities and are based upon a student’s individual needs. Hawkeye makes every effort to assure that qualified students with disabilities have equal access to all services.

The student is responsible for providing documentation of the disability. See Student Accessibility Services for more information.

Hawkeye recognizes the right for students to assemble. Persons involved cannot:

1. Obstruct, disrupt, or otherwise interfere with instructional programs, administration, disciplinary procedures, board meetings, or any other authorized Hawkeye function or event.
2. Occupy or use any Hawkeye facility without appropriate permission.
3. Physically abuse any person on the campus or at any Hawkeye location, function, or event. This includes the threat or the encouragement of physical abuse.
4. Steal or damage property of Hawkeye or of any person on the premises of a Hawkeye facility.
5. Set a fire on the premises of any Hawkeye facility without appropriate permission from Hawkeye administration.
6. Interfere with the right of access to any Hawkeye facilities or with any other lawful right of any person on Hawkeye's property.
7. Use or possess firearms, ammunition, or any other weapon on Hawkeye property. This includes flammable devices, substances, or materials. Hawkeye officials may authorize exceptions.

Any student who violates, attempts, or encourages a violation of these rules is subject to disciplinary procedures by Hawkeye including expulsion.

Publications, other than those originating from the central administrative offices of Hawkeye, must receive approval of the Public Relations and Marketing office before being published and distributed.

A complaint or grievance procedure is available if you feel a Hawkeye policy or practice is improper, unfair, results in an unsatisfactory learning environment, or there has been a deviation from, misinterpretation of, or a misapplication of a practice or policy.

When regular communication channels and approaches have failed, students can file a complaint with the dean of students by completing the Student Complaint Form [PDF] and bringing the form to the Student Services office.

Also see Filing Complaints with Accreditor, State Agency, or Other Relevant Official.

The Annual Security Report offers key details about campus safety, including crime statistics, emergency procedures, and prevention programs. It also highlights your rights under the Clery Act, ensuring transparency and awareness of safety measures.

Review the Annual Security and Fire Safety Report

Hawkeye Community College is committed to maintaining an educational and work environment in which students, faculty, and staff can work together in an atmosphere free of discrimination, harassment, exploitation, or intimidation.

Review Equal Opportunity

1. Literature: Applies to printed material of any size or type including, but not limited to, fliers, announcements, advertisements, handbills, pamphlets, banners, posters, and business cards.
2. Posting of Literature: Displaying of Literature on designated bulletin boards located in and on the Hawkeye campuses and facilities.
3. Distribution of Literature: Literature which is disseminated or circulated indiscriminately to any persons on the Hawkeye campuses and facilities. Distribution by Hawkeye, or related parties or agents at Hawkeye’s direction, shall not be considered indiscriminate distribution or circulation.
4. Commercial Literature: Literature which directs attention to a business, commodity, service, or entertainment.
5. Registered Clubs/Organizations: Hawkeye student clubs and organizations that are registered by the Student Leadership Council and Student Activities office, in accordance with the procedures described in the Start a Club or Organization policy, and are in active status.

1. The literature cannot contain tear-off items or strips.
2. The literature cannot advocate the commission of an unlawful act which is imminent or likely to occur at the time.
3. The literature or its distribution on campus cannot impede the orderly conduct of college classes or college/facility activities, services, or operations.
4. Literature, materials, or other insignia cannot include expression which is obscene or libelous according to current legal standards, or which so incites students as to create a clear and present danger or the commission of unlawful acts on the Hawkeye premises, or the substantial disruption of the orderly operation of college/facility activities.
5. Hawkeye assumes no responsibility for the accuracy of the literature.

1. The literature of Registered Clubs/Organizations may not endorse or recommend commercial products or services.
2. The literature of Registered Clubs/Organizations shall meet the same standards as those found appropriate for other student publications and may not be sold.
3. Literature posted by Registered Clubs/Organizations in the classroom must be specifically related to classroom instruction or approved college/facility events, which could include rallies and other classroom instruction related events.
4. Campaign activities for Student Leadership Council elections must be in accordance with Student Leadership Council qualifications and policies.

1. Commercial Literature must concern lawful activity and not be misleading.
2. Commercial Literature is restricted to designated public posting areas on campus.
3. In order to be able to identify persons who may be responsible for fraud or false advertising, all printed Commercial Literature posted or distributed on campus must have printed thereon the organization/institution/affiliation which is distributing the Commercial Literature with its address or telephone number clearly stated.
4. Posting or distribution of Commercial Literature of any kind is prohibited in classrooms unless directly related to classroom instruction.
5. Hawkeye does not endorse, sponsor, approve, authorize, or regulate any commercial business commodity, service, or entertainment permitted for posting or distribution.

1. All items of literature for posting must be submitted during normal business hours to the Student Activities office.
2. The Student Activities office will review and approve or reject the literature based on the regulations and procedures as described in this policy, within two business days, where possible.
3. Approved literature will be posted by the Student Activities staff on designated bulletin board(s), where requested and as space is available.
4. Literature can be posted for a maximum of two weeks per submission. Submissions can be made no more than twice per semester.

1. All Registered Clubs/Organizations and/or Hawkeye students wishing to distribute literature on campus must register with the Student Activities office during normal business hours in advance of commencing distribution of literature, and acknowledge receipt of the applicable Recruiter and Vendor/Solicitation Regulations.
2. Distributors are required to provide the following information: name of Registered Club/Organization or individual, contact name, and dates and times of distribution.
3. Any persons who fail to register before distributing literature on campus are subject to disciplinary action.
4. All organizations and/or individuals other than Registered Clubs/Organizations or Hawkeye students wishing to distribute literature must first apply with the Student Activities Office at least five business days in advance of commencing distribution of literature. Approval or denial of such parties will be determined based on availability of space.
5. No distributor shall touch, strike, or impede the progress of a passerby, except for incidental or accidental contact or contact initiated by a passerby.
6. Persons shall not use any means of amplification that creates noise or diversion that substantially disrupts the orderly conduct of the college, campus, facilities, classes, or Hawkeye operations.
7. All literature discarded in and around the area of distribution must be retrieved by persons distributing the literature, prior to departure.
8. No restrictions shall be placed on subject matters, topics, or viewpoints expressed, as long as it does not include expression which is obscene, libelous, or slanderous according to current legal standards or which so incites students as to create a clear and present danger or the commission of unlawful acts on the community college premises, or the substantial disruption of the orderly operation of the Hawkeye/facility activities.
9. Regulation of the time, place and manner of free speech activities may be imposed for the purpose of preventing substantial disruption of the orderly conduct of college classes, Hawkeye/facility programs, or services. Such regulation must be reasonable and not discriminate on the basis of the content of the speech.

Nothing in this policy shall prohibit the regulation of hate violence directed at students or employees in a manner that denies their full participation in the educational process, so long as the regulation conforms to the requirements of the First Amendment to the United States Constitution and the laws and Constitution of the State of Iowa. Disciplinary action will be imposed for harassment, threats, or intimidation unless such speech is constitutionally protected.

Preamble

Hawkeye Community College establishes this policy to comply with the laws of the state of Iowa and to protect speech and expression at public institutions of higher education.

Policy

The primary function of an institution of higher education is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate. To fulfill this function, the institution must strive to ensure the fullest degree of intellectual freedom and free expression allowed under the First Amendment to the Constitution of the United States. This Policy is made and published by the College to prohibit intellectual restrictions and penalties based on protected speech, including political speech, to the fullest extent of the First Amendment of the United States Constitution.

It is not the proper role of an institution of higher education to shield individuals from speech protected by the First Amendment to the Constitution of the United States, which may include ideas and opinions the individual finds unwelcome, disagreeable, or even offensive.

It is the proper role of an institution of higher education to encourage diversity of thoughts, ideas, and opinions and to encourage, within the bounds of the First Amendment to the Constitution of the United States, the peaceful, respectful, and safe exercise of First Amendment rights.

Students and faculty have the freedom to discuss any problem that presents itself, assemble, and engage in spontaneous expressive activity on campus, within the bounds of established principles of the First Amendment to the Constitution of the United States, and subject to reasonable time, place, and manner restrictions that are consistent with established First Amendment principles.

The outdoor areas of campus of an institution of higher education are public forums, open on the same terms to any invited speaker subject to reasonable time, place, and manner restrictions that are consistent with established principles of the First Amendment to the Constitution of the United States.

The outdoor areas of campus, which for this Policy means the generally accessible outside areas of campus where the campus community are commonly allowed, such as grassy areas, walkways, or other similar common areas. Outdoor areas of campus do not include areas outside health care facilities, veterinary medicine facilities, facilities or outdoor areas used by Hawkeye Community College’s athletic programs or teams, or other outdoor areas where access is restricted to a majority of the campus community.

Annual training shall be provided to the College’s students, faculty, and staff on free speech and First Amendment protections.

A Member of the campus community, which for this Policy shall include students, administrators, faculty, staff, and/or guests invited by students, administrators, faculty or staff, shall be freely permitted to engage in noncommercial expressive activity in outdoor areas of campus, subject to reasonable time, place, and manner restrictions, and as long as the Member’s conduct is not unlawful, does not impede others’ access to a facility or use of walkways, and does not disrupt the functioning of Hawkeye Community College. Hawkeye Community College may designate other areas of campus available for use by the campus community. All access to designated areas will be granted on a viewpoint-neutral basis.

Noncommercial expressive Protected Activities include but are not limited to any lawful oral or written means by which Members of the campus community may communicate ideas, including but limited to all forms of peaceful assembly, protests, speeches including invited speakers, distribution of literature, circulating petitions, and publishing, including publishing or streaming on an internet site, audio or video recorded in outdoor areas of campus.

Protected Activities shall also include the right of student expression in a counter demonstration held in an outdoor area of campus as long as the conduct at the counter demonstration is not unlawful, does not materially and substantially prohibit the free expression of others, or impede other’s access to a facility or use of walkways. If any faculty member of the College is found to have knowingly restricted the protected speech of a student, or otherwise penalizes a student for protected speech or activities, under the Student Conduct Code or other applicable policies or procedures for student conduct, the faculty member is subject to discipline, up to and including termination under the applicable faculty policies, procedures, and Iowa law based on the totality of the facts.

In all instances, faculty and staff (including extracurricular coaches) may support a student’s First Amendment rights without fear of discipline by the College.

Nothing shall prevent Hawkeye Community College from prohibiting, limiting, or restricting expression and/or expressive activity that is not otherwise protected by the Constitution of the United States. Nonprotected activities include, but are not limited to the following:

• A threat of serious harm and expression directed or likely directed to provoke imminent unlawful actions; and
• Harassment, including but not limited to expression which is so severe or pervasive and subjectively and objectively offensive that the expression unreasonably interferes with an individual’s access to educational opportunities or benefits provided by Hawkeye Community College;
• Violence;
• Defamation, including libel and slander;
• Obscenity; or
• Inciting others to commit crimes or engage in unlawful conduct.

Hawkeye Community College will not deny Benefits or privileges available to student organizations based on the viewpoint or expression of the viewpoint of a Student Organization or its members protected by the First Amendment to the Constitution of the United States. For purposes of this Policy, Benefits means recognition, registration, use of facilities for meetings or speaking purposes, use of channels of communication, and access to funding sources otherwise available to other student groups.

In addition, Hawkeye Community College shall not deny any Benefits or privileges to a Student Organization based on the Organization’s requirement that its leaders agree to and support the Organization’s beliefs as interpreted and applied by the Organization, and to further the Organization’s mission. For purposes of this Policy, Student Organization means a group officially recognized or registered by the Community College, or a group seeking official recognition or registration comprised of students who are admitted and in attendance at Hawkeye Community College who receive or are seeking to receive Benefits or privileges.

Student government organizations must comply with the requirements of this Policy and not infringe upon speech by a member of the Community College campus community protected under the First Amendment to the United States Constitution. A student government organization that knowingly and intentionally violates this policy shall have its authority to manage and disburse student fees, if any, suspended for a period of one year. During this period of suspension, student fees shall be managed and disbursed by the Community College. Nothing in this policy shall prohibit student government organizations from enforcing content-neutral time, place, and manner restrictions and/or reasonable rules to ensure the orderly operation of meetings, so long as those rules are content-neutral and consistent with the requirements of this Policy.

The outdoor areas of campus are deemed public forums. Hawkeye Community College may maintain and enforce clear, published, reasonable viewpoint-neutral time, place, and manner restrictions that are narrowly tailored in furtherance of a significant institutional interest, but shall allow members of the campus to engage in spontaneous expressive activity and to distribute literature. If Hawkeye Community College places restrictions, it shall provide ample alternative means of expression.

Except as provided in this policy, and subject to the reasonable time, place, and manner restrictions, Hawkeye Community College shall not designate any area of campus a free speech zone or otherwise create policies restricting expressive activities to a particular outdoor area of campus.

Nothing in this policy shall be construed to grant individuals the right to engage in conduct that intentionally, materially, and substantially disrupts the expressive activity of a person or student organization if Hawkeye Community College has reserved space in an outdoor area of campus for the activity in accordance with this policy.

If a Member of the campus community believes he or she has been aggrieved by a violation of this Policy, the Member shall follow the grievance procedures outlined below.

1. Complaints must be presented by the complainant (student) on the complaint form. All questions must be answered.
2. Complaints shall be filed by students with the Dean of Students; Hawkeye Center 208C.
3. Complaints must be filed within one year of the date of the action causing the complaint.
4. The Dean of Students will review the complaint and attempt a resolution.
5. Within 30 calendar days of the formal complaint, the student will be notified in writing of the resolution.

In the event the matter is not resolved through the appropriate grievance process, or otherwise as provided under Iowa law, the aggrieved member of the campus community may file a complaint with the governing body (the College Board) not later than one year after the day of the alleged policy violation.

Retaliation against any Member of the campus community who files such a complaint is prohibited, and any founded instance of founded retaliation is subject to discipline or other sanctions.