2.6 Code of Conduct

Related MnSCU Board Policy: 3.6 Student Conduct

Purpose: The Code of Conduct sets out standards of conduct that assure a safe and productive learning environment

Part 1: Definitions

College means Normandale Community College.
Administrator means that person designated by the college president to be responsible for the administration of the student Code of Conduct by serving as the Hearing Officer.
Alleged student violator means any student accused of violating the Code.
Cheating includes but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
College official includes any person employed by the College performing assigned administrative or professional responsibilities.
College premises include all land, buildings, facilities and other property in the possession of or owned, used or controlled by the College, including adjacent streets and sidewalks. The Code applies at all locations rented by the College, including facilities as part of the Global Education program.
Complainant means any person who submits a complaint alleging that a student violated the Code. A student who believes that s/he has been a victim of another student’s misconduct will have the same rights under this Code as are provided to the Complainant, even if another member of the College community submitted the complaint itself.
Expulsion means permanent denial of the privilege of enrollment at the College. Students expelled are not permitted to be on College premises at any time without written approval by the Administrator or designee.
Faculty member means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.
Hazing means an act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule, or 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 sports team.
Hearing Officer means the person dedicated to preside over procedural matters under review by the Student Rights and Responsibilities Board.
May is used in the permissive sense.
Member of the College community includes any person who is a student, faculty member, College official or any other person employed by the College. A person’s status in a particular situation shall be determined by the Dean of Students or designee.
Organization means any number of persons who have complied with the formal requirements for College registration as a Student Senate recognized club or Student Life funded group.
Plagiarism includes but is not limited to the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
Policy means the written regulations of the College and Minnesota State Colleges and Universities (MnSCU) as found in, but not limited to, the student Code of Conduct, the College and MnSCU web pages, Board Policy and System procedure 5.18 and 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus, Board Policy and System Procedure 5.22 and 5.22.1 on Acceptable Use of Computers and Information Technology Resources, and the College catalog.
Preponderance of evidence means a standard of responsibility that more likely than not the Code has been violated.
Shall is used in the imperative sense.
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; and d.) have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid.
Student Rights and Responsibilities Board (SRRB) means any person or persons authorized by the Dean of Students and appointed by the Normandale Student Senate to determine whether a student has violated the Code and to recommend sanctions that may be imposed or to consider an appeal as to whether a student has violated the Code or the sanctions imposed by the Hearing Officer.
Summary Suspension means a suspension imposed without a formal hearing to ensure the safety and well-being of members of the College community.
Suspension means denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions may be specified.

Part 2: Proscribed Conduct

Subpart A: Jurisdiction of the Student Code of Conduct

The College Code shall apply to conduct that occurs on College premises, at College sponsored activities, and to off-campus the following circumstances:

Hazing is involved.

The violation is committed while participating in a College sanctioned or sponsored activity;
The victim is a member of the College community;
The violation constitutes a felony under state or federal law; or
The violation adversely affects the educational, research or service functions of the College.

The administrator shall decide whether the Code shall be applied to conduct occurring off campus, on a case by case basis, at his/her sole discretion.

Allegations of discrimination, harassment and sexual violence shall be resolved pursuant to Board Policy 1B.1, Nondiscrimination in Employment and Education Opportunity, System Procedure 1B.1.1, Report/Complaint of Discrimination/Harassment Investigation and Resolution, Board Policy 1B.3, Sexual Violence Policy, System Procedure 1B.3.1, Sexual Violence Procedure. Allegations of fraud or dishonest acts shall be resolved pursuant to Board Policy 1C.2, Fraudulent or Other Dishonest Acts.

Subpart B: Conduct- Rules and Regulations

Any student found to have committed or to have attempted to commit the following misconduct in circumstances falling under the jurisdiction of this Code may be subject to the discipline actions outlined in Part III:

Acts of dishonesty, including but not limited to the following: a.) cheating, plagiarism or other forms of academic dishonesty; b.) furnishing false information to any College official, faculty member or office; c.) forgery, alteration or misuse of any College document, record or instrument of identification.
Disruption or obstruction of teaching, research, administration, disciplinary proceedings other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.
Physical abuse, verbal abuse, threats, intimidation (which threatens or endangers the health or safety of a person), harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person.
Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus.
Hazing. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.
Failure to comply with directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
Unauthorized possession, duplication or use of keys or other access modes to any College premises or unauthorized entry to or use of College premises.
Violation of any College or Board policy, rule or regulation published in hard copy or available electronically on the College or MnSCU website.
Violation of any federal, state or local law.
Use, possession, manufacturing or distribution of marijuana, heroin, narcotics or other controlled substances except as expressly permitted by law.
Use, possession, manufacturing or distribution of alcoholic beverages (except as expressly permitted by College or MnSCU regulations), or public intoxication, or violation of Board Policy 5.18 and System Procedure 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.
Conduct that is disorderly, lewd or indecent; breach of peace; or aiding, abetting or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly conduct includes but is not limited to: Any unauthorized use of electronic or other devices to make an audio or video record of any person while on College premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes but is not limited to surreptitiously taking pictures of another person in a gym, locker room or restroom.
Any violation of the College Computer Use Policy or Board Policy 5.22 and System Procedure 5.22.1 on Acceptable Use of Computers and Information Technology Resources.
Abuse of the student conduct system, including but not limited to:
1. Failure to obey the notice from the Student Rights and Responsibilities Board or College official to appear for a meeting or hearing as part of the Student Conduct System;
2. Falsification, distortion, or misrepresentation of information before the Student Rights and Responsibilities Board;
3. Disruption or interference with the orderly conduct of Student Rights and Responsibilities Board proceedings;
4. Institution of a student Conduct Code proceeding in bad faith;
5. Attempting to discourage an individual's proper participating in, or use of, the student conduct system;
6. Attempting to influence the impartiality of a member of a Student Rights and Responsibilities Board prior to, and/or during the course of, the Student Rights and Responsibilities Board proceeding;
7. Harassment (verbal or physical) and/or intimidation of a member of a Student Rights and Responsibilities Board prior to, during, and/or after a student Conduct Code proceeding;
8. Failure to comply with the sanction(s) imposed under the Code;
9. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.

Subpart C: Violation of Law and College Discipline

College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both criminal law and this Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Administrator.

Determinations made or sanctions imposed under this Code shall not be subject to change because criminal complaints arising out of the same facts giving rise to violation of College rules were dismissed, reduced or resolved in favor of or against the criminal law defendant.

Part 3: Student Conduct Code Procedures

Subpart A: Investigation and Informal Process

Any member of the College community may file a written complaint alleging that a student or a student organization has violated student conduct proscriptions. Any complaint should be submitted as soon as possible after the event takes place. Persons filing complaints shall be informed of their rights under the Minnesota Data Practices Act. Following the filing of a complaint against a student or student organization, the Administrator shall conduct an investigation of the allegations.
If the complaint seems unwarranted, the Administrator may discontinue proceedings.
If there is sufficient evidence to support the complaint, the Administrator shall offer the alleged student violator 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 him/her and the nature of the information available to support the complaint and provided with a copy of the Code of Conduct. During the meetings the Administrator shall review the complaint and the information with the student and allow the student to present an explanation against the complaint.
Within a reasonable time period following the meeting, the Administrator shall inform the alleged student violator 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.
A student who is subject to a sanction of expulsion or suspension, except summary suspension, for more than nine (9) days may agree to accept the sanction or may request a formal hearing. The formal hearing should be held within a reasonable time. Other sanctions shall be accepted or may be appealed in accordance with the college's appeal procedures.
If the alleged student violator fails to appear for the informal hearing, the administrator may proceed to review and act upon the complaint in his/her absence and shall notify the student in writing of an action taken.
A sanction shall not become effective during the time in which a student seeks an appeal or formal hearing, unless, in the discretion of the administrator, it is necessary to implement an immediate sanction for the safety and welfare of the College community.
Appeals of any sanction to the SRRB may result in the imposition of new sanctions in accordance with the Student Code of Conduct.

Subpart B: Formal Hearing

The College president or designee determines the composition of the Student Rights and Responsibilities Board (SRRB.) Students serving on the SRRB shall be appointed by the Student Senate. The SRRB hearings shall be conducted by a student panel according to the following guidelines:

SRRB hearings normally shall be conducted in private.
Students or organizations referred for a formal hearing shall be given adequate advance notice in writing of the time, place, and date of the hearing. A student or organization's failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.
Within a reasonable time prior to the hearing, the student must be informed in writing of: a) the complaint; b) the information to be presented against him/her; c) a list of witnesses; and d) the nature of their testimony.
In hearings involving more than one alleged student violator or organization, the administrator, in his or her discretion, may permit the hearing concerning each student to be conducted either separately or jointly.
The student shall be given the opportunity to speak in his/her 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.
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 the applicable appeal process.
The hearing may accommodate concerns for the personal safety, well-being and/or fears of confrontation of the complainant, alleged student violator and/or other witness during the hearing by providing for the presence of law enforcement and/or security, separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement or other means, where and as determined in the sole judgment of the administrator to be appropriate.

Subpart C: Sanctions

The following sanctions may be imposed upon any student found to have violated the Code of Conduct:
1. Warning. A notice in writing to the student that the student is violating or has violated institutional regulations.
2. Probation. A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. The college may impose specific written conditions for the probation.
3. Loss of Privileges. Denial of specified privileges for a designated period of time.
4. Restitution. Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
5. Discretionary Sanctions. Work assignments, essays, service to the college or other related discretionary assignments.
6. Suspension. 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.
7. Expulsion. Permanent denial of the privilege of enrollment at the college.
8. Revocation of Admission and/or Degree. Admission to or a degree awarded from the college may be revoked for fraud, misrepresentation or other violation of college standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
9. Withholding Degree. The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Code of Conduct, including the completion of all sanctions imposed, if any.
More than one of the sanctions listed above may be imposed for any single violation.
The following sanctions may be imposed upon groups or organizations:
1. Those sanctions listed above;
2. Loss of selected rights and privileges for a specified period of time;
3. Deactivation. Loss of all privileges, including college recognition, for a specified period of time.

Subpart D: Summary Suspension

In certain circumstances, the Administrator may impose a summary suspension prior to the informal or formal proceedings described in the previous articles. A summary suspension may be imposed only when, in the judgment of the Administrator, the alleged student violator's presence on the College campus would constitute a threat to the safety and well-being of members of the campus community. To the greatest extent possible before implementing the summary suspension, the alleged student violator shall be given oral or written notice of the intent to impose summary suspension and shall be given an opportunity to present oral or written arguments against the imposition of the suspension. However, the refusal of a student to accept or acknowledge this notice shall not prevent the implementation of a summary suspension. Notice of 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 a formal or informal 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.

Subpart E: Appeals

A decision reached by the Student Rights and Responsibilities Board or a sanction imposed by the Administrator may be appealed by the alleged student violator(s) or complainant(s) to the Vice President of Student Affairs or other designated administrator within five (5) school or business days of the notification of the decision. Such appeals shall be in writing and shall be delivered to the administrator or his or her designee.
Except as required to explain the basis of new information, an appeal shall be limited to a review for one or more of the following purposes:
1. To determine whether the informal or formal hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures, giving the complaining party a reasonable opportunity to prepare and to present information that the Code was violated, and giving the alleged student violator a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
2. To determine whether the decision reached regarding the alleged student violator was based on substantial information--that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Code occurred.
3. To determine whether the sanction(s) imposed were appropriate for the violation of the Code which the student was found to have committed.
4. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original informal or formal hearing.
If an appeal is not upheld by the Vice President of Student Affairs or other administrator for this purpose, the Vice President of Student Affairs may take any appropriate action. If an appeal is upheld, the matter shall be considered final and binding upon all involved, except in cases involving sanctions of suspension for ten (10) days or longer, in which students shall be informed of their right to a contested case hearing under Minnesota Statutes, Chapter 14.

Part 4: Academic Dishonesty

MnSCU Board Policy 3.6: Allegations of academic dishonesty may be resolved under separate procedures in accordance with an institution's policies on those issues. Academic dishonesty allegations are handled in same manner as behavioral paralleling due process through the Dean of Students Office. The Students Rights and Responsibilities Board may be requested to participate in the decision-making and imposing sanctions. The alleged student violator may appeal to the SRRB but may appeal through the proscribed process for student conduct allegations.

Part 5: Interpretation and Revision

Subpart A: Any question of interpretation or application of the Code shall be referred to the Dean of Students or his or her designee for final determination.

Subpart B: The Code shall be reviewed every five (5) years under the direction of the Dean of Students.

Policy History:

Date of Adoption: Established prior to 2011

Date of Implementation:

Date and Subject of Revisions:

Next Review Date: 2016-17