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2441 Kenwood Circle, Mansfield, Ohio 44906 • 419-755-4800 • 888-755-4899
 

 

 


 

STUDENT CODE OF CONDUCT

 

See also Academic Honesty in page 57.

  1. Introduction and purpose

North Central State College is a learning community in which all persons--students, faculty,
administration and staff--share responsibility for its growth and continued welfare. The code of
student conduct is established to foster and protect the core missions of the college, to foster the scholarly and civic development of the college's students in a safe and secure learning
environment, and to protect the people, properties and processes that support the college and
its missions. As members of the college community, students can reasonably expect that the
following rights will be respected by all college offices, programs, employees, and organizations.

Academic Pursuits

Students have the right to accurate and plainly stated information relating to maintenance of
acceptable academic standing, graduation requirements, and individual course objectives and
requirements. Students can expect instruction from designated instructors at appointed class
times and reasonable access to those instructors. Students have the responsibility to attend
class and know their appropriate academic requirements.

Quality Environment

Students have the right to expect a reasonably safe environment supportive of the college's
mission and their own educational goals. Students have the responsibility to protect and
maintain that environment and to protect themselves from all hazards to the extent that
reasonable behavior and precaution can avoid risk.

Non-Discrimination

Students have the right not to be discriminated against by any agent or organization of North
Central State College for reasons of age, creed, ethnic or national origin, sex/gender, disability,
veteran status, marital status, political or social affiliation, race, religion, or sexual orientation.

Speech/Expression

Students have the right to express themselves freely on any subject provided they do so in a
manner that does not violate the code of student conduct. Students in turn have the
responsibility to respect the rights of all members of the college to exercise these freedoms.

Confidentiality

Students have the right to access and control access to their education records as provided in
the federal Family Educational Rights and Privacy Act of 1974, also known as the Buckley
Amendment. These include the rights to review and challenge the content of educational records, to control disclosure of personal and academic information to third parties, and to limit the routine disclosure of all or some information defined as "directory information" by the Act.*

Please note that there are specified exceptions to FERPA, and therefore the student’s right to
access and privacy is not absolute.

*The above statement is also true for international students except where specified by the legislation, rules, and regulations governing the particular visa status.

Students have the responsibility to keep name, address, telephone and other demographic
information correct and up to date and to notify the college immediately of any changes to this
information.

Religion/Association

Students have the right to exercise their religious convictions and associate with religious,
political, or other organizations of their choice, provided they do so in a manner that respects the rights of other members of the community and complies with the Code of student conduct. Students have the responsibility to respect the rights of other members of the college
community to free exercise of their religious convictions and to free association with
organizations of their choice.

 

  1. Jurisdiction

The code applies to the on-campus conduct of all students and registered student organizations.
It includes students who live in on-campus housing. The code also applies to the off-campus
conduct of students and registered student organizations in direct connection with:

     
  1. A professional practice assignment such as clinical or practicum experience;
  2. Academic course requirements, such as internships or field trips;
  3. Any activity supporting pursuit of a degree, such as research at another institution;
  4. Any activity sponsored, conducted, or authorized by the college or by registered student organizations;
  5. Any activity that causes substantial destruction of property belonging to the college or members of the college community or causes serious harm to the health or safety of members of the college community; or
  6. Any activity in which a police report has been filed, a summons or indictment has been issued, or an arrest has occurred for a crime of violence.

Students continue to be subject to city, state, and federal laws while at the college, and
violations of those laws may also constitute violations of the code. In such instances, the college
may proceed with college disciplinary action under the code independently of any criminal
proceeding involving the same conduct and may impose sanctions for violation of the code even
if such criminal proceeding is not yet resolved or is resolved in the student's favor.

 

  1. Authority

The President shall have the final responsibility and authority for the discipline of all students of
the college. This responsibility and authority has been delegated by the President to the Vice
President for Learning in cases of academic misconduct and to the Vice President for Learning
Support and Retention in cases of non-academic misconduct. The Vice President for Learning
Support and Retention is also charged with responsibility for promulgation of rules governing
student conduct.

The North Central State College code of student conduct is an official publication of the college.
All petitions for revision and amendment of this code of student conduct should be submitted
through the office of the vice president for learning support and retention. Proposed revisions to
the code shall be reviewed, in draft form, by the Student Government, Faculty Caucus, Staff
Caucus, and Management Advisory Council, with final approval granted by the President’s Staff.
No revision shall become effective unless approved by the President’s Staff and until printed
notice of such revisions is made available to students.

 

  1. Definitions

As used in the code, the term "college premises" means all lands, buildings, and facilities owned,
leased, or operated by the college, or shared with another entity. The term "student" means an
individual who has paid an acceptance fee, registered for classes, or otherwise entered into any
other contractual relationship with the college to take instruction. Student status lasts until an
individual graduates, is dismissed, or is not in attendance for four (4) complete, consecutive
quarters. The term "student" also includes registered student organizations. Members of the
college community include, but are not limited to, students, faculty, staff, and visitors to the
campus. The term "complaint" means a written statement, on appropriate college-prescribed
forms, alleging a violation of the code of student conduct or other published rule applicable to
students at the college. Information submitted by other means will be reviewed and may, at the
college's discretion, be acted upon but will not be treated as a formal complaint. The term "crime
of violence" means the following offenses as stated in Ohio revised code 2901.01(A)(9) in effect
on the date this rule is adopted: aggravated murder; murder; voluntary manslaughter;
involuntary manslaughter; felonious assault; aggravated assault; assault; aggravated menacing; menacing by stalking; kidnapping; abduction; extortion; rape; sexual battery; gross sexual imposition; aggravated arson; arson; aggravated robbery; robbery; aggravated burglary;
inciting to violence; aggravated riot; inducing panic; domestic violence; intimidation;
intimidation of an attorney, victim, or witness in a criminal case; escape; improperly discharging
a firearm at or into a habitation or school; burglary; felonious sexual penetration; or conspiracy
or attempt to commit or complicity in committing any of the foregoing offenses. Crime of
violence also means offenses under the laws of another jurisdiction that are substantially
equivalent to the offenses listed in this division.

  1. Academic Misconduct
  1. Definition: Any activity that tends to compromise the academic integrity of the college, or subvert the educational process. Examples of academic misconduct include, but are not limited to:
  1. Violation of course or program rules as contained in the course syllabus or other information provided to the student; violation of program requirements as established by departments and made available to students.
  2. Plagiarism including, but not limited to, submitting, without appropriate acknowledgment, any written, visual or oral material that has been copied in whole or in part from the work of others (whether such source is published or not) even if the material is completely paraphrased in one’s own words. This includes another individual’s academic composition, compilation, or other product, or a commercially prepared paper. Plagiarism also includes submitting work in which portions were substantially produced by someone acting as a tutor or editor.

Such practices constitute plagiarism regardless of motive. Those who deny deceitful intent, claim not to have known that the act constituted plagiarism, or maintain that what they did was inadvertent are nevertheless subject to penalties when plagiarism has been confirmed.

  1. Cheating and dishonest practices in connection with examinations, papers and projects, including but not limited to using unauthorized notes, study aids or information on an examination; obtaining help from another student during an examination; taking an exam or doing work for another student; providing one’s own work for another student to copy and submit as his/her own; or allowing another student to do one’s work and then submitting the work as one’s own. Also included would be altering a graded work after it has been returned, then submitting the work for re-grading; or submitting identical or similar papers for credit in more than one course without prior permission from the course instructors.
  2. Fabrication including but not limited to falsifying or inventing any information, data or citation; presenting data that were not gathered in accordance with defined appropriate guidelines, and failing to include an accurate account of the method by which data were collected.
  3. Obtaining an Unfair Advantage including, but not limited to stealing, reproducing, circulating, or otherwise gaining access to examination materials prior to the time authorized by the instructor; unauthorized collaborating on an academic assignment; taking, hiding or altering resource material; or undertaking any activity with the purpose of creating or obtaining an unfair advantage over another student’s academic work.
  4. Aiding and Abetting Academic Dishonesty including, but not limited to providing material, information or other assistance to another person with the knowledge that such aid could be used in any of the violations stated above, or providing false information in connection with any inquiry regarding academic integrity.
  5. Alteration of Grades or Marks including but not limited to, action by the student in an effort to change the earned credit or grade.
  1. Committee on Academic Misconduct

The Committee on Academic Misconduct is a standing committee consisting of five faculty members and two students.

Faculty members will have at least three years experience at the college, and will be appointed by the Vice President for Learning in consultation with the Faculty Caucus. Length of appointment is three years. Reappointment may occur with the approval of the Vice President for Learning and the Faculty Caucus.

Student members will have completed at least two terms at the college and will be in good academic standing. Students will be appointed by the Vice President for Learning in consultation with the Student Government. Length of appointment is two years. During times when Student Government is not functioning, students shall be appointed by the Vice President for Learning.

The committee will establish a member to serve as coordinator. Student members shall not serve in this role.

 

  1. Procedures

Faculty members should follow the procedures outlined below when an incident of academic misconduct occurs:

 

  1. When a faculty member believes that a student has committed an act of academic misconduct, the faculty member should have a conference with the student in private at the earliest opportunity. At such time the student should be informed verbally as to the alleged infraction and the basis for the belief that an infraction has occurred. Further contact with the student concerning the issue should be conducted only in the presence of the department chairperson or dean. A chairperson who is a member of the Committee on Academic Misconduct should make arrangements for a substitute chairperson or dean to attend any meeting between the student and the faculty member if the topic to be discussed is the alleged misconduct.
  2. The faculty member shall file a written report on the alleged academic misconduct. The report shall be as complete as possible and shall have all relevant supporting information attached. Whenever possible, original documents, such as the allegedly plagiarized paper, test, computer print-outs, etc. shall be submitted. Sources of plagiarized materials should also be provided, with the passages plagiarized clearly marked. The written report may contain a recommended sanction. Whenever a laboratory or clinical standard is violated, the faculty member may file a written report on the alleged incident. Such incidents could include, but are not limited to, the falsification of records, violations of safety principles, and violations of professional codes of ethics.
  3. The report prepared by the faculty member will be submitted for review and investigation to the department chairperson. If the faculty member is also a department chair, then the report will be submitted to the dean for review and investigation.

 

  1. The chair or dean will review the faculty report for sufficiency of information. If the chair or dean determines that there is insufficient information to proceed with a charge, then he or she may decide to take no further action or to request that an informal admonition be issued to the student by the Vice President for Learning. The chair or dean may conduct any additional investigation that he or she deems necessary.
  2. If additional investigation is completed then the chair (or dean) will prepare a written summary of the results and attach it to the report from the faculty member.

 

  1. The chair or dean will submit the written report to the Vice President for Learning. The Vice President for Learning on behalf of the Committee for Academic Misconduct will file the charge(s) of academic misconduct. Written notification to the student will be delivered to the last known address of the student by certified mail or hand delivered to the student on campus no fewer than seven (7) calendar days prior to the hearing. The notification will include the specific nature of the violation; date, time, and location of the hearing; a statement of the student’s rights; and information on the hearing’s procedures.
  2. The student may request a continuance of up to 30 days for good cause. The student may request a hearing separate from other students who may have been involved in the violation. A request for a continuance or separate hearing must be received in the Office of the Vice President for Learning at least two (two) calendar days before the scheduled hearing. The Vice President for Learning will be responsible for reviewing and approving such a request.
  3. Students suspected of academic misconduct, whether acknowledging involvement or not, should be allowed to continue in the course without prejudice pending action by the Committee. If the course ends before the Committee has acted, the faculty member shall assign the student the grade of Incomplete.

 

  1. Hearings

Hearings of the Committee are conducted in order to develop the facts and circumstances and to determine whether a violation of the Code has occurred.

Although the procedural requirements are not as formal as those existing in criminal or civil courts of law, to ensure fairness, the following procedures will apply and, unless already provided to the student, be included within the hearing notice:

 

  1. A student charged with academic misconduct is expected to appear before the Committee, although a student may waive the right to personally appear.
  2. A student charged with academic misconduct may review the file prior to the hearing by contacting the Office of the Vice President for Learning.
  3. A simple majority of the Committee membership shall constitute a quorum. A quorum of the Committee must be present to conduct a hearing. The coordinator or his/her designee will coordinate hearing activities.
  4. Attendance at hearings is limited to those directly involved or those requested by the Committee on Academic Misconduct to attend. The coordinator of the Committee will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.
  5. The charged student may be assisted by an advisor throughout the hearing, at his or her own expense. The advisor may be a parent, family member, friend or other informal support person. The charged student is responsible for presenting his or her own supporting information, therefore the advisor is not permitted to speak or actively participate in the hearing, unless clarification is needed as determined by the coordinator of the Committee.
  6. The charged student may submit a written statement, may invite relevant witnesses to attend, may ask questions of witnesses called by others, and will be notified of potential witnesses to be called. The college may present witnesses as well as question those presented by the charged student.
  7. Written statements may be used if, for good reason, a witness cannot attend the hearing. Written statements must be notarized, absent other clear evidence of authenticity.
  8. In cases requiring special expertise, the coordinator of the Committee may appoint individuals with appropriate expertise to serve as consultants to the committee. The consultants may be present and provide information as called upon during the hearing but will not vote.
  9. Hearings of the Committee shall be conducted such that all present have reasonable opportunity to express themselves on the issue at hand.
  10. Procedural questions shall be decided by the coordinator of the Committee.
  11. Hearings held by the Committee on Academic Misconduct, unlike proceedings of courts of law, do not require conclusive proof. Instead the greater weight of evidence is sufficient for the Committee to make a decision.
  12. A majority vote of Committee members present will be required to find the student responsible for a violation of the Code as charged. In the event of a tie, the committee will continue to deliberate. If after the committee determines that exhaustive deliberations have occurred and a majority decision is not reached the student will be found not responsible.

 

  1. Findings and Recommendations and Range of Sanctions

A written report of the Committee’s findings and recommendations shall be forwarded by the committee coordinator to the Vice President for Learning within seven (7) calendar days of the conclusion of the proceedings. Recommended sanctions may range from lowering a grade to removal from a course or program to any college sanction listed in section VIII of this document. Based on this report, the Vice President for Learning will determine the appropriate sanction(s), where appropriate.

 

  1. Student Notification and Imposition of Sanctions

Within 7 days of the Committee’s report, the Vice President for Learning will notify the student in writing of the Committee’s findings, as well as sanctions and date that sanctions will take effect, and the student’s right to appeal.

 

  1. Appeal procedure

A student who has been found to have violated the Code has the right to appeal the findings and/or the assigned sanctions. A student may continue to attend classes and exercise the rights and privileges of a registered student during the appeal process. The college reserves the right to impose the sanction retroactively to the date cited in the original notification from the Vice President for Learning.

  1. The student may submit a written appeal to the President’s Staff within seven days of receipt of the notification letter.
  2. President’s Staff may grant for good cause an extension not to exceed thirty calendar days for the filing of an appeal.
  3. An appeal hearing shall be scheduled by President’s Staff within ten calendar days after the institution receives the appeal.
  4. The student will meet with the President’s Staff to present his/her appeal.
  5. A simple majority of the President’s Staff membership will constitute a quorum.
  6. President’s Staff will review the record and facts of the matter and any other relevant information. By majority vote, President’s Staff may affirm, overturn, or modify the previous decision or refer the issue back to the Vice President for Learning for a new hearing. The Vice President for Learning will abstain from voting in this matter. An appeal cannot result in a more severe sanction being imposed.
  7. The President’s Staff will notify the student in writing of the decision within 10 calendar days of the hearing.
  8. The decision of the President’s Staff is final.

 

  1. Non-Academic Misconduct


A. Definition: any activity by a student which violates College/Campus rules and regulations (excluding academic misconduct) and/or which tends to jeopardize the orderly operation of the College/Campus. Prohibited conduct under this section includes, but is not limited to:

  1. Endangering health or safety Taking or threatening action that threatens or endangers the safety, physical or mental health, or life of any person, whether intentionally or as a result of recklessness or gross negligence.
  2. Destruction of property Actual or threatened damage, misuse or destruction of college property or resources, or property or resources of others, whether done intentionally or with reckless disregard.
  3. Dangerous weapons or devices Use, storage, or possession of dangerous weapons or devices including, but not limited to, firearms and fireworks unless authorized by an appropriate college official or permitted by a college policy.
  4. Dishonest conduct Dishonest conduct, including, but not limited to, knowingly reporting a false emergency; knowingly making false accusation of misconduct; misuse or falsification of college documents by actions such as forgery, alteration, or improper transfer; submission to a college official of information known by the submitter to be false.
  5. Theft/unauthorized use of property Theft or attempted theft, or the unauthorized use or possession of college property or services, or the property of others.
  6. Failure to comply with college or civil authority Failure to comply with legitimate directives of authorized college officials, law enforcement or emergency personnel, identified as such, in the performance of their duties, including failure to identify oneself when so requested; or violation of the terms of an action plan or disciplinary sanction.
  7. Drugs Use, production, distribution, sale, or possession of drugs in a manner prohibited under law.
  8. Alcohol Use, production, distribution, sale, or possession of alcohol in a manner prohibited under law or applicable college policy.
  9. Unauthorized presence Unauthorized entrance to or presence in or on college premises.
  10. Disorderly or disruptive behavior Disorderly or disruptive conduct that unreasonably interferes with college activities or with the legitimate activities of any member of the college community. Faculty may determine that disruptive conduct on the part of one or more students is interfering with the activities of the classroom. If this occurs, the faculty member may direct the student(s) to leave the classroom for the remainder of the class period. When necessary, the faculty member may ask a campus security officer to escort disorderly or disruptive student(s) from the classroom.
  11. Hazing Doing, requiring or encouraging any act, whether or not the act is voluntarily agreed upon, in conjunction with initiation or continued membership or participation in any group, which causes or creates a substantial risk of causing mental or physical harm or humiliation. Such acts may include, but are not limited to, use of alcohol, creation of excessive fatigue, and paddling, punching or kicking in any form.
  12. Judicial system abuse Abuse of any college judicial system, including but not limited to:
  1. Failure to obey the summons of a judicial body or college official;
  2. Falsification, distortion, or misrepresentation of information before a judicial body;
  3. Disruption or interference with the orderly conduct of a judicial proceeding;
  4. Institution of a judicial proceeding knowingly without cause;
  5. Attempting to discourage an individual's proper participation in, or use of, a college judicial system;
  6. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of a judicial proceeding;
  7. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding;
  8. Failure to comply with one or more sanctions imposed under the code of student conduct; and
  9. Influencing or attempting to influence another person to commit an abuse of a college judicial system.

 

  1. Violation of college rules Violation of other published college regulations, policies, or rules, or violations of federal, state, or local law. These college regulations, policies, or rules include, but are not limited to, those which prohibit the misuse of computing resources, sexual harassment, rules for student groups or organizations, and rules specific to an academic program as specified in the program handbook.
  2. Riotous Behavior
  1. Participation in a disturbance with the purpose to commit or incite any action that presents a clear and present danger to others, causes physical harm to others, or damages property.
  2. Proscribed behavior in the context of a riot includes but is not limited to:
  1. Knowingly engaging in conduct designed to incite another to engage in riotous behavior; and
  2. Actual or threatened damage to or destruction of college property or property of others, whether done intentionally or with reckless disregard; and
  3. Failing to comply with a directive to disperse by college officials, law enforcement or emergency personnel; and
  4. Intimidating, impeding, hindering or obstructing a college official, law enforcement or emergency personnel in the performance of their duties.
  1. This rule shall not be interpreted as proscribing peaceful demonstrations, peaceful picketing, a call for a peaceful boycott, or other forms of peaceful dissent.
  1. College Judicial Committee

The College Judicial Committee hears cases of non-academic misconduct referred by the Vice President for Learning Support and Retention. The Committee may also hear cases referred by the Committee on Academic Misconduct.

  1. The Committee consists of:
  1. Two (2) faculty members recommended by the Faculty Caucus and appointed by the Vice President for Learning for three-year terms which begin with the summer quarter;
  2. Two (2) staff members as recommended by the Management Advisory Council for three-year terms which begin with the summer quarter;
  3. Two (2) staff members as recommended by the Staff Caucus for three-year terms which begin with the summer quarter; and
  4. One (1) student member, appointed by the Student Government or, when the Student Government is not functioning, appointed by the Vice President for Learning Support and Retention.

Faculty, professional staff, and support staff members serving on the committee should have at least three years experience at the college.

Student members should have completed at least two terms at the college and must be in good academic standing. Students will be appointed by the Vice President for Learning Support and Retention in consultation with the Student Government. During times when Student Government is not functioning, students shall be appointed by the Vice President for Learning Support and Retention.

 

  1. The committee will establish a member to serve as coordinator. Student members shall not serve in this role.
  2. A simple majority of the Committee shall constitute a quorum.
  1. Procedures
  1. A written complaint alleging a violation of the code of student conduct must be filed with the college within six (6) months of the violation. Absent extraordinary circumstances, the college may initiate charges, if any, within one year of the filing of the complaint.
  2. Initiation and investigation of code violations
  1. Initiation Person(s) witnessing or experiencing what they believe to be a possible code violation should provide an authorized college official with the information. Information and/or complaints regarding academic misconduct should be directed to the Vice President for Learning. Information and/or complaints about possible code violations other than academic misconduct should be provided to the Vice President for Learning Support and Retention. In cases where the alleged activity may involve a violation of criminal law in addition to a violation of the code, information and/or complaints should be provided to North Central State College/Ohio State University Mansfield campus security officials or other appropriate law enforcement agency. The college will review all information and/or complaints received and may conduct a preliminary investigation of the alleged violation.
  2. Investigation Campus Security or other appropriate law enforcement agency shall have primary responsibility for the investigation of acts that involve suspected violation of federal, state, local laws. The Vice President for Learning Support and Retention and other designated college personnel may conduct a preliminary investigation of an alleged violation other than those involving academic misconduct. During the investigation, the student allegedly involved in misconduct may be sent a letter describing the alleged violation, requesting the student to make an appointment to discuss the matter, and specifying a date by which the appointment must be made. Any person believed to have information relevant to an investigation may also be contacted and requested to make an appointment to discuss the matter. Failure to comply with such a request to make and keep such an appointment may result in the initiation of charges for judicial system abuse. Upon completion of an investigation, the investigator will decide upon an appropriate course of action, which may include, but is not limited to, taking no further action, deferring further action with or without conditions, initiating an informal admonition, or initiating charges.
  3. Students shall be notified of college charges in writing, unless a more effective form of notification is deemed appropriate. Charges may be presented in person or by mail to the student's local or permanent address on file in the office of the college registrar. All students are required to maintain an accurate and current local and permanent address with the college registrar. Following notification of charges, students are strongly encouraged to and shall be afforded the opportunity to meet with a college official for the purpose of explaining the college judicial process and discussion of the charges. Failure of the student to respond to the initiation of charges or schedule a preliminary meeting shall in no way prevent the college from scheduling and conducting a hearing in the absence of the student.
  4. A student charged with one or more violations of the student code has the right to a hearing. However, in a case where a charged student admits such violations in writing, the student may request in writing to have a decision as to appropriate action made administratively by the Vice President for Learning Support and Retention or his/her designee rather than have the charges referred for a hearing. In such situations, the student waives the right to a hearing and the related procedural guarantees provided by a committee hearing. Following an administrative decision, the student retains the right to request an appeal of the original decision, but may do so only upon the ground that the sanction is grossly disproportionate to the offense committed.
  5. If a hearing is to be held, written notification will be provided. The Vice President for Learning Support and Retention, on behalf of the College Judicial Committee, will file the charge(s) of nonacademic misconduct. Written notification to the student will be delivered to the last known address of the student by certified mail or hand delivered to the student on campus no fewer than seven (7) calendar days prior to the hearing. The notification will include the specific nature of the violation; date, time, and location of the hearing; a statement of the student’s rights; and information on the hearing’s procedures.
  6. The student may request a continuance of up to 30 days for good cause. The student may request a hearing separate from other students who may have been involved in the violation. A request for a continuance or separate hearing must be received in the Office of the Vice President for Learning Support and Retention at least two (two) calendar days before the scheduled hearing. The Vice President for Learning Support and Retention will be responsible for reviewing and approving such a request.
  1. Hearings

Hearings of the College Judicial Committee are conducted in order to develop the facts and
circumstances and to determine whether a violation of the Code has occurred.

Although the procedural requirements are not as formal as those existing in criminal or civil courts of law, to ensure fairness, the following procedures will apply and, unless already provided to the student, be included within the hearing notice:

  1. A student charged with non-academic misconduct is expected to appear before the Committee, although a student may waive the right to personally appear.
  2. A student charged with academic misconduct may review the file prior to the hearing by contacting the Office of the Vice President for Learning Support and Retention.
  3. A simple majority of the Committee membership shall constitute a quorum. A quorum of the Committee must be present to conduct a hearing. The coordinator or his/her designee will coordinate hearing activities.
  4. Attendance at hearings is limited to those directly involved or those requested by the College Judicial Committee to attend. The coordinator of the Committee will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.
  5. The charged student may have an advisor throughout the hearing. The advisor may only counsel the student and may not actively participate in the hearing, unless clarification is needed as determined by the coordinator of the Committee.
  6. The charged student may submit a written statement, may invite relevant witnesses to attend, may ask questions of witnesses called by others, and will be notified of potential witnesses to be called. The college may present witnesses as well as question those presented by the charged student.
  7. Written statements may be used if, for good reason, a witness cannot attend the hearing. Written statements must be notarized, absent other clear evidence of authenticity.
  8. In cases requiring special expertise, the coordinator of the Committee may appoint individuals with appropriate expertise to serve as consultants to the committee. The consultants may be present and provide information as called upon during the hearing but will not vote.
  9. Hearings of the Committee shall be conducted such that all present have reasonable opportunity to express themselves on the issue at hand.
  10. Hearings held by the College Judicial Committee, unlike proceedings of courts of law, do not require conclusive proof. Instead the greater weight of evidence is sufficient for the Committee to make a decision.
  11. A majority vote of Committee members present will be required to find the student responsible for a violation of the Code as charged. In the event of a tie, the committee will continue to deliberate. If after the committee determines that exhaustive deliberations have occurred and a majority decision is not reached the student will be found not responsible.
  1. Findings, Recommendations and Range of Sanctions

A written report of the Committee’s findings and recommendations shall be forwarded by the coordinator to the Vice President for Learning Support and Retention within seven (7) calendar days of the conclusion of the proceedings. The Committee will base any recommendations for sanctions on the approved college sanctions outlined in section VIII of this document. Based on this report, the Vice President for Learning Support and Retention will determine the appropriate sanction(s), where appropriate.

  1. Student Notification and Imposition of Sanctions

Within 7 days of the Committee’s report, the Vice President for Learning Support and Retention will notify the student in writing of the Committee’s findings, as well as sanctions and date that sanctions will take effect, and the student’s right to appeal.

  1. Appeal procedure

A student who has been found to have violated the Code has the right to appeal the findings and/or the assigned sanctions. The college reserves the right to impose the sanction retroactively to the date cited in the original notification from the Vice President for Learning Support and Retention.

  1. The student may submit a written appeal to the President’s Staff within seven days of receipt of the notification letter.
  2. President’s Staff may grant for good cause an extension not to exceed thirty calendar days for the filing of an appeal.
  3. An appeal hearing shall be scheduled by President’s Staff within ten calendar days after the institution receives the appeal.
  4. The student will meet with the President’s Staff to present his/her appeal.
  5. A simple majority of the President’s Staff membership will constitute a quorum.
  6. President’s Staff will review the record and facts of the matter and any other relevant information. By majority vote, President’s Staff may affirm, overturn, or modify the previous decision or refer the issue back to the Vice President for Learning Support and Retention for a new hearing. The Vice President for Learning Support and Retention will abstain from voting in this matter. An appeal cannot result in a more severe sanction being imposed.
  7. The President’s Staff will notify the student in writing of the decision within 10 calendar days of the hearing.
  8. The decision of the President’s Staff is final.
  1. Attendance

Because the most accurate and fair review of the facts can best be accomplished when all parties are present, the charged student is expected to attend and participate. If an individual does not choose to attend a hearing, the charges will be reviewed as scheduled on the basis of the information available, and a decision will be made. Although no inference may be drawn against a student for failing to attend a hearing or remaining silent, the hearing will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the charged student to attend the hearing or answer the charges.

 

  1. Record of proceedings

A single record consisting of written notes, tape recording, or other method selected by the Committee will be made of all hearings. Such record will remain the property of the college but will be made available to the charged student for review during the appeal period, and can be copied at his or her expense. The completed file for each case of academic misconduct shall be maintained in the Office of the Vice President for Learning for three years. The completed file for each case of non-academic misconduct shall be maintained in the Office of the Vice President for Learning Support and Retention for three years. In any case involving dismissal (permanent separation) from the college, a record of
dismissal will be kept permanently.

  1. College Sanctions

 

  1. Definitions and guidelines for sanctions

Sanctions should be commensurate with the violation(s) found to have occurred. In recommending the sanction(s) to be imposed, the committee should take into account any mitigating circumstances and any aggravating factors including, but not limited to, any provocation by the subject of the conduct that constituted the violation, any past misconduct by the student, any failure of the student to comply fully with previous sanctions, the actual and potential harm caused by the violation, the degree of intent and motivation of the student in committing the violation, and the severity and pervasiveness of the conduct that constituted the violation. Impairment resulting from voluntary use of alcohol or drugs (i.e., other than medically necessary) will be considered an aggravating, and not a mitigating, factor. Sanctions are effective upon date of first notice, whether oral or written, unless specified within such notice.

Informal admonition An oral or written admonition issued by the appropriate vice president. No formal charges, hearing or other compliance with the code is required before the issuance of an informal admonition. However, following issuance of an informal admonition, the student shall be entitled to a hearing upon written request. A written request for such a hearing must be filed with the college official who administered the informal admonition, within five (5) working days of the student's receipt of the informal admonition. Upon issuance of an informal admonition, a disciplinary record is created by the office of the appropriate vice president. The record will be consulted in determining sanctions for any further proven code violation.

FORMAL SANCTIONS

 

  1. Disciplinary Warning. A disciplinary warning to a student represents a formal written admonition for a specific conduct violation, and is considered a disciplinary sanction. A student under warning shall continue to exercise the right and privileges of a student in good standing.
  2. Conduct probation. This probationary condition is for a specified period of time but without loss of privileges. Further violation of college policies during the probationary period will be viewed not only as the act itself, but also as a violation of the probation, which could result in disciplinary probation, suspension or dismissal.
  3. Disciplinary probation. This probationary condition is in effect for a specified period of time and may involve the loss of specified privileges. Further violation of college policies during the probationary period will be viewed not only as a violation based upon the act itself but also as a violation of the probation, which shall result in further action up to and including suspension or dismissal.
  4. Suspension. Suspension is a sanction that terminates the student's enrollment at the college for a specified period of time. Satisfactory completion of specified stipulations may be required for readmission at the end of the suspension period.
  5. Dismissal. Dismissal is a sanction which permanently separates a student from the college without opportunity to re-enroll in the future.

Conditions of suspension and dismissal A student who has been dismissed or suspended from the college shall be denied all privileges afforded a student and shall be required to vacate campus at a time determined by the committee. In addition, after vacating campus property, a suspended or dismissed student may not enter upon campus and/or other college property at any time, for any purpose, in the absence of express written permission from the appropriate vice president. To seek such permission, a suspended or dismissed student must file a written petition to the appropriate vice president for entrance to the campus for a limited, specified purpose or to have the terms of this condition modified or reduced.

  1. Restitution. Restitution is a sanction that requires the student to make reimbursement for damages to, destruction of, or misappropriation of college or campus property or the property of any person. This sanction may be ordered in lieu of or in connection with another sanction.
  2. Other sanctions Other appropriate sanctions may be imposed singularly or in combination with any of the above-listed sanctions. Examples include, but are not limited to, lowering a grade (in the case of academic misconduct), administrative removal from a specific course or courses, removal from an academic program or technology, research assignments, community service projects, special workshop participation, and/or referral to medical resources or counseling personnel.
  1. Suspension or dis-enrollment based on risk of substantial harm
  1. Interim Suspension. When the vice president for learning support and retention or the vice president for learning (or designee) has reasonable cause to believe that the student's presence on college premises or at a college-related or registered student organization activity poses a significant risk of substantial harm to the health or safety of others or to property, the student may be immediately suspended from all or any portion of college premises, college-related activities or registered student organization activities, and is not permitted to participate in, or complete academic coursework. This temporary suspension will be confirmed by a written statement and shall remain in effect until the conclusion of a full hearing or administrative decision, without undue delay, in accordance with the rules of North Central State College. The student may, within three (3) working days of the imposition of the suspension, petition the vice president imposing the suspension for reinstatement. The petition must be in writing, and must include supporting documentation or evidence that the student does not pose, or no longer poses, a significant risk of substantial harm to the health or safety of others or to property. A hearing on such petition will be conducted without undue delay by the vice president imposing the suspension or his/her designee.
  2. Administrative dis-enrollment and other restrictions
  1. A student may be dis-enrolled from the college; prohibited from all or any portion of college premises, college-related activities or registered student organization activities; and/or permitted to remain only under specified conditions when vice president for learning support and retention or the vice president for learning (or designee) finds that there is clear and convincing evidence that:
  1. The student's continued presence poses a significant risk of substantial harm to the health or safety of themselves, others, or to property; or
  2. The student, as a direct result of an apparent health condition, is engaged in substantial, continuing disruption of teaching, learning, research, administration or other college-related activities. Before making such a determination, the vice president for learning support and retention or the vice president for learning (or designee) shall notify the student in writing of the reasons that dis-enrollment or other action is being considered, provide the student with an opportunity to respond, and consult with appropriate college personnel. The vice president for learning support and retention or the vice president for learning (or designee) may also choose to consult with any other persons deemed appropriate under the circumstances.
  1. In those cases under paragraph (A)(1) of this rule in which it appears that the risk posed by the student is a result of a health condition or a disability as defined by the Americans with Disabilities Act, and in all cases under paragraph (A)(2) of this rule, the vice president for learning support and retention or the vice president for learning (or designee) shall also determine whether the risk or disruption can be eliminated or sufficiently reduced through reasonable accommodation and, if so, shall take appropriate steps to ensure that accommodation is made. The vice president for learning support and retention or the vice president for learning (or designee) may request the student to undergo an appropriate examination, as specified by the vice president for learning support and retention or the vice president for learning (or designee), to determine whether any such condition exists and whether any such accommodation is possible. If the student fails to undergo such an examination, and if the other available evidence supports a finding under either paragraph (A)(1) or (A)(2), the vice president for learning support and retention or the vice president for learning (or designee) shall, to the extent reasonably possible, take the least restrictive measure or combination of measures necessary to resolve the risk or disruption.
  1. A student who has been dis-enrolled; prohibited from college premises, college-related activities or registered student organization activities; or permitted to remain only under specified conditions may petition the vice president for learning support and retention or the vice president for learning (or designee) for revision of that status. The petition must include supporting documentation or evidence that:
  1. The conditions found to have existed under paragraph (A)(1) or (A)(2) no longer exist and will not recur, and
  2. The student meets all normal and appropriate standards for admission and enrollment in any academic unit in which the student seeks to re-enroll. Upon receipt of such a petition, the vice president for learning support and retention or the vice president for learning (or designee) shall evaluate the evidence and may consult with the student, any appropriate college personnel, and any other persons whom vice president for learning support and retention or the vice president for learning (or designee) deems appropriate. The vice president for learning support and retention or the vice president for learning (or designee) may deny the petition, grant the petition in whole or in part under specified conditions, or grant the petition in whole or in part without condition.
  1. PROCEDURES REGARDING VIOLATIONS OF THE COLLEGE'S DISCRIMINATION, HARASSMENT, SEXUAL MISCONDUCT, STALKING AND RETALIATION POLICY

In addition to this Student Code of Conduct, all students at the College are also subject to the College's Discrimination, Harassment, Sexual Misconduct, Stalking, and Retaliation Policy and accompanying Discrimination Grievance Procedures ("Discrimination and Harassment Policy"), which are separate from this Student Code of Conduct.  The College's Discrimination and Harassment Policy covers behaviors related to discrimination, sexual harassment, sexual assault, inducing incapacitation for sexual purposes, sexual exploitation, relationship violence, stalking, and retaliation.  In cases where the provisions of this Student Code of Conduct and the provisions in the Discrimination and Harassment Policy are different or inconsistent, the Discrimination and Harassment Policy supersedes.  Therefore, all students are expected to read the Discrimination and Harassment Policy as well as this Student Code of Conduct to gain a thorough understanding of the expectations and procedures set forth in both policies and the differences between the two.  When a student is found in violation of the Discrimination and Harassment Policy, the Vice President of Academic Services or designee is charged with imposing disciplinary sanctions.  A student found in violation of the Discrimination and Harassment Policy does not necessarily preclude an additional finding that the student has in engaged in other prohibited conduct in violation of the Student Code of Conduct or other College policies.  Disciplinary records for Discrimination and Harassment Policy violations are maintained in the same manner as other disciplinary records.

 

 

 

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