Procedure 2.6.1: Student Conduct Code
ATC Procedure 2.6.1 Student Conduct Code
Definitions:
1. Advocate is an individual who advises a student during the formal hearing process.
2. College means 糖心Vlog.
3. Conduct Administrator is a campus employee authorized by the College President to administer the Student Conduct Code, including facilitation of the Student Conduct Panel, and to impose sanctions upon students found to have violated the code.
4. Expulsion is the permanent denial of the privilege of enrollment at the College.
5. Hazing is an act which endangers the mental or physical health or safety of a person, subjects a person to humiliation or ridicule, or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a student group, organization, or College sponsored event or activity.
6. Member of the College community includes any person who is a student, faculty member, College official or any other person employed by the College. As person鈥檚 status in a particular situation shall be determined by the Dean of Student Affairs or designee.
7. Preponderance of Evidence means a standard of responsibility that it is more likely than not that the code has been violated.
8. Student includes all persons who:
a. Are enrolled in one or more courses, either credit or non-credit, through the College.
b. Withdraw, transfer, or graduate after an alleged violation of the student conduct code.
c. Are not officially enrolled for a particular term but who have a continuing relationship with the College.
d. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid.
9. Respondent is the student in which the complaint has been filed against.
10 Summary Suspension is a temporary suspension imposed without a formal hearing to ensure the safety and well-being of members of the College community.
11 Suspension is the denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-enrollment may be specified.
Investigation and Informal Process:
Any member of the College community may file a written complaint alleging a student or organization has violated the Student Conduct Code. Persons filing complaints shall be informed of their rights in accordance with applicable privacy laws and policies including but not limited to the Minnesota Government Data Practices Act, the federal Family Educational Rights and Privacy Act and the College鈥檚 Data Privacy Policy. Following the filing of a complaint against a student, the administrator shall conduct an investigation of the allegations. The institution鈥檚 process shall include the following:
1. If the complaint seems unwarranted, the administrator may discontinue proceedings.
2. If there is sufficient evidence to support the complaint, the administrator shall offer the respondent an opportunity to resolve the alleged violation at an informal meeting. Prior to this meeting, the student shall be given written notice of the specific complaint against them and the nature of the evidence available to support the complaint and provided with a copy of the Student Conduct Code. During the meeting the administrator shall review the complaint and the evidence with the student and allow the student to present a defense against the complaint. Within a reasonable time period following the meeting, the administrator shall inform the respondent in writing of his/her decision whether a violation of the code was established by a preponderance of evidence and any applicable sanction as well as options available for an appeal and/or a formal hearing with a student conduct panel.
3. If the respondent fails to appear for the informal hearing, the administrator may proceed to review and act upon the complaint in their absence and shall notify the student in writing of an action taken.
4. A student who is subject to a sanction of expulsion or suspension, except summary suspension, for more than nine days may agree to accept the sanction or may request a formal hearing with a student conduct panel prior to implementation of the sanction. A request must be made in writing within five instructional days of the notice. Failure to request a hearing in writing within the designated time period presumes acceptance of the sanction and the matter is thereby determined to be resolved.
Formal Hearing and Due Process Rights:
1. Upon request of a formal hearing, the Conduct Administrator is responsible for the convening of the student conduct panel. The Conduct Administrator shall be present and serves as a non-voting chairperson to advise the hearing process. The panel shall include five members who have been trained in conduct proceedings: two students (appointed by the Student Senate), one faculty member (appointed by the faculty union), one staff member, and one administrator (designated by the Vice President of Academic and Student Affairs). The administrator serving on the panel will act as the chairperson for the panel and will facilitate the review process once evidence has been presented.
2. Students referred for a formal hearing shall be given adequate advance notice in writing of the time, place, and date of the hearing. A student's failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.
3. Within a reasonable time prior to the hearing, the student must be informed in writing of: a) the complaint, b) the evidence to be presented against them, c) a list of witnesses, and d) the nature of their testimony.
4. The student shall be given the opportunity to speak in their own defense, to present witnesses and to question any witnesses and to have an advocate present at their own expense. The advocate may provide advice to the student but may not participate in any questioning. When there is likelihood that a student involved in conduct proceedings will face criminal prosecution for a serious offense, it may be advisable that the student have an attorney as the advocate.
5. The formal hearing will be conducted as follows:
a. The Conduct Administrator who imposed the sanction shall present the complaint and a summary of the supporting evidence including witness testimony.
b. The student respondent shall have an opportunity to challenge evidence.
c. The student respondent shall next present evidence or testimony to refute the complaint.
d. The Conduct Administrator calls witnesses for the College. At the conclusion of each witness statement, the respondent and members of the panel will have the opportunity to ask questions of the witness.
e. The respondent will call witnesses to speak on their behalf. At the conclusion of each witness statement, the Conduct Administrator and the panel will have the opportunity to ask questions of the witness.
f. The Conduct Administrator presents a closing statement.
g. The respondent presents a closing statement.
h. Only those materials and matters presented at the hearing shall be considered as evidence.
i. In a closed session the panel, not including the Conduct Administrator, shall review the evidence and witness testimony. Using the preponderance of evidence standard, the panel shall determine by majority vote whether it is more likely than not that a violation of the student conduct code occurred. If the panel determines that a violation did occur, it may make a recommendation to the Conduct Administrator as to what sanctions are to be imposed.
6. A written notice of findings and conclusions shall be provided to the student within a reasonable time after the hearing. The notice shall inform the student of any sanction to be imposed. The notice shall also contain information regarding any applicable appeal process to the Vice President of Academic and Student Affairs.
Summary Suspension:
In certain circumstances, the administrator may impose a summary suspension prior to the informal or formal proceedings. A summary suspension may be imposed only when, in the judgment of the administrator, the respondent鈥檚 presence on the College campus would constitute a threat to the safety and well-being of members of the College community. To the greatest extent possible before implementing the summary suspension, the respondent shall be given oral or written notice of the intention to impose the summary suspension and shall be given an opportunity to present oral or written arguments against the imposition of the suspension. Notice of the intention to impose the summary suspension shall be provided in writing to the student. After the student has been summarily suspended, the student shall be provided an opportunity for an informal or formal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days. During the summary suspension, the student may not enter the campus without obtaining prior permission from the administrator, regardless of the severity of the offense, and will be accompanied by a security officer.
Sanctions for Misconduct:
One or more sanctions, including the following, may be imposed upon any student found to have violated the Student Conduct Code:
1. Warning: Oral or written notice that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
2. Reprimand: Written reprimand for violation of specified regulations. Notice of action may appear on the student鈥檚 academic transcript.
3. Probation: Continued enrollment at the College, but under specific written conditions for a specified period of time. Notice of action may appear on the student鈥檚 academic transcript.
4. Restriction of College Privilege: Limitation of student鈥檚 access to facilities, programs, services, activities or members of the College community.
5. Grade Adjustment: Lowering of a test, assignment, or course grade.
6. Course Withdrawal: Immediate institutional withdrawal from one or more courses. Students are not entitled to refunds when institutionally withdrawn from a course.
7. Course Failure: Failure of a student from a course where misconduct occurred.
8. Restitution: Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
9. Service: Work or service assignments to the College or the community.
10. Referral: Use of special support services, including but not limited to services provided by the College, social service agencies or law enforcement agencies.
11. Summary Suspension: A suspension imposed without a formal hearing to ensure the safety and well-being of members of the College, which shall include an oral or written statement from the Dean of Students that the student has been accused of violating College policy and may be subject to more severe sanctions. Students who have a summary suspension are still responsible for paying balances owed for tuition, fees, and books. Suspensions are noted on the student鈥檚 academic transcript.
12. Suspension: Separation from the College for a specified period of time. During this time, the student may not register for or attend classes or other College functions or be on the College premises. Conditions for return may be specified. Notice of action may appear on the student鈥檚 academic transcript.
13. Expulsion: Permanent denial of the privilege of enrollment at the College. Notice of action may appear on the student鈥檚 academic transcript.
14. Deactivation鈥擫oss of all College privileges for student groups or organizations, including College recognition, for a specified period of time.
Appeals Process:
1. The respondent student may appeal a decision reached through the informal process or by the Student Conduct Panel to the Vice President of Academic and Student Affairs or designee within five (5) school or business days of the decision. Appeals shall be in writing and be delivered to the Vice President of Academic and Student Affairs or designee.
2. An appeal shall include a record of the original investigation or hearing and supporting comments for one or more of the following purposes:
a. To determine whether the original investigation or hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the respondent a reasonable opportunity to prepare and to present a rebuttal of the charges and evidence.
b. To determine whether the decision reached regarding the respondent was based on a preponderance of evidence that a violation of the Student Conduct Code occurred.
c. To determine whether the sanction(s) imposed were fair and proportionate for the violation of the Student Conduct Code for which the student was charged.
3. The Vice President of Academic and Student Affairs shall review the documentation and the appeal to render a decision. The Vice President may uphold the decision and sanction reached through the informal process or the student conduct panel or may determine that the decision was reached in error or inappropriately and require the investigator or panel to hear the case again or may determine that the sanction was inappropriate and issue a lesser sanction or exonerate the student.
4. The Vice President鈥檚 decision shall be final within the College and Minnesota State, and all parties shall be notified of the decision in writing as allowed by applicable privacy laws.
5. If the sanction involves suspension for ten (10) or more school or business days, the student shall be informed of the right to a contested case hearing to an administrative law judge, MN Statute Chapter 14 Hearing, Office of Administrative Hearings.
6. Questions regarding the Student Conduct Code shall be referred to the Dean of Student Affairs.
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HISTORY:
4.2025 Revised and adopted from student handbook into policy library