410.0 Student Conduct, Discipline and Due Process

Students are expected to exhibit academic integrity by being honest and forthright in their academic endeavors. To falsify the results of one's research, to steal the words or ideas of another, or to cheat on an examination corrupts the essential learning process.

For definition of “student”, see Board Policy 402.4.

Upon admission to the College or program, students assume an obligation to conduct themselves in a manner compatible with the College's function as an educational institution and to comply with the laws enacted by federal, state, and local governments. If this obligation is ignored, the College must institute appropriate discipline. Students may be subject to disciplinary sanctions for conduct that constitutes a hazard to the health, safety, or well-being of members of the College community or which is detrimental to the College’s interest whether such conduct occurs on campus, off campus, or at College-sponsored events.

SCC will cooperate fully with law enforcement and other agencies. SCC reserves the right to initiate disciplinary proceedings for violations of the Student Conduct Code, even if criminal charges are brought forward by the appropriate authorities. Disciplinary actions by SCC are independent of any criminal or civil proceedings.

The distinct procedures for handling violations of academic integrity (Pr-410.1), grade grievances (Pr-410.2), and behavioral misconduct (Pr-410.3) are in this policy. Examples of misconduct that may subject the student to discipline include, but are not limited to:

1. Academic dishonesty or misconduct, such as cheating, fabrication, plagiarism, or facilitating academic dishonesty
2. Forgery, alteration, or misuse of College documents, records, or identification
3. Theft of, damage to, or destruction of College property or property of employees, students, or visitors
4. Unauthorized surveys or other means to obtain information from students or employees
5. Violating copyright agreements
6. Unauthorized entry to or use of College facilities, properties, equipment, resources, or services
7. Giving false or misleading information in response to requests from College officials, knowingly furnishing false information or reporting a false emergency to the College, or failing to comply with directions of College officials acting in the performance of their duties
8. Unauthorized possession, receipt, duplication, or use of the College’s name, insignia, or seal
9. Obstruction or disruption of College-authorized activities
10. Dressing or personally appearing in a manner that disturbs a classroom, instructional activity, or other College activity
11. Disorderly conduct, obscene expressions, or infringement upon the rights of others at College-authorized activities
12. Participating in or inciting a disturbance of the peace or unlawful assembly
13. Physical abuse of any person on College-owned or controlled property or at College-authorized activities, threats of violence, or conduct that threatens the health or safety of any person(s)
14. Actions on College-owned or controlled property or at College-authorized activities, which threaten or endanger one's own safety, health, or life, or making any verbal threat of such action. This includes such behaviors as suicide attempts, cutting, or refusing treatment for life-threatening illnesses or conditions
15. Engaging in sexual assault, misconduct, or harassment
    
16. Manufacture, use, possession, distribution, dispensing, or sale of alcohol, controlled substances, illegal drugs or substances, except as expressly permitted by law and College policy (P-414)
17. Misuse or abuse of prescription drugs on College-owned or controlled property or at College-authorized activities
18. Use of tobacco products on campus (P-414)
19. Possession, use, or storage of firearms, explosives, dangerous chemicals, weapons, or other destructive devices on College property, College-controlled property, or at College-authorized activities, including possession of a firearm by a student who holds a conceal-and-carry permit or endorsement (P-446).
20. The operation of student organizations not properly recognized and registered
21. Hazing, any method of initiation or pre-initiation into a campus organization, or any activity engaged in by the organization or members of the organization, which causes or is likely to cause physical or mental harm, personal degradation, or disgrace
22. Unapproved solicitation (P-443, P-481.4)
    
23. Conduct that adversely affects the student’s suitability as a member of the academic community
24. Violation of College policies or regulations

• Stealing, buying, or otherwise obtaining all or part of an unadministered test
• Selling or giving away all or part of an unadministered test including answers to an unadministered test
• Bribing any other person to obtain an unadministered test or any information about the test
• Entering a building or office for the purpose of obtaining an unadministered test or changing a grade in a grade book, on a test, or on other work for which a grade is given
• Changing or being an accessory to the changing of a grade in a grade book, on a test, a Change of Grade form, or other official academic records of the College

• Copying from another student's test paper
• Allowing another student to copy from a test paper
• Using the course textbook or other material such as a notebook brought to a class meeting but not authorized for use during a test
• Collaborating during a test with any other person by receiving information without authority
• Using specifically prepared materials during a test (e.g. notes, text messages, formula lists, notes written on the student's clothing, or body, etc.)

• Citation of information not taken from the source indicated
• Listing sources in a bibliography not used in the academic exercise
• Inventing data or source information for research or other academic exercise

• Submitting as your own any academic exercise (e.g. written work, printing, sculpture, etc.) prepared totally or in part by another
• Taking a test for someone else or permitting someone else to take a test for you

• Whenever one quotes another person’s actual words
• Whenever one uses another person’s idea, opinion, or theory, even if it is completely paraphrased in one’s own words
• Whenever one borrows facts, statistics, or other illustrative materials – unless the information is common knowledge

• Prepare thoroughly for examinations and assignments
• Take the initiative to prevent other students from copying your exam or assignments, e.g. shield your answer sheet during exams; do not lend assignments to be turned in to other students, etc.
• Refer to the course syllabus for information regarding academic honesty or ask the faculty member for guidance
• Do not look in the direction of other students’ papers during examinations
• Use a recognized handbook for instruction on citing source materials. Consult with individual faculty, academic departments, or the library reference staff when in doubt
• Use the services of the Academic and Career Enhancement (ACE) Center
• Refuse to assist students who cheat

• Repeating the assignment or completing an alternative one
• Issuing a warning or providing counseling
• Assigning a grade of “I” until the alleged violation is adjudicated
• Giving a failing grade for the assignment
• Assigning a grade of “F” for the course
• Multiple or extremely serious violations may result in disenrollment from the College

The student may appeal the discipline assessed by the faculty member to the department chair and the decision of the department chair to the division dean. Either party may contest the dean’s decision, by submitting an appeal in writing, prior to the last day of the following semester (i.e. fall or spring) to the Vice President for Academic and Student Affairs, whose decision is final.

Withdrawing from the course will not prevent the faculty member, department chair, division dean or the Vice President for Academic and Student Affairs from imposing sanctions, or recommending grade penalties, including a failing grade in the course.

• An incident exists that has the potential of being life threatening and/or causing serious property damage
• An incident that is potentially dangerous is recognized and the need for police is necessary for the safety and welfare of others on the campus
• Any crime is witnessed or reported requiring official reports and notification to state and federal authorities

The institutional expectation is that students will conduct themselves in a manner that is acceptable in a learning environment. Behavior that endangers or infringes on the rights and safety of others is not acceptable. It is intended that resolution should take place at the lowest possible administrative level. Documentation of the disruption will be collected from the parties involved to gather facts and to ensure that the interests and needs of all parties are considered.

The Dean of Students is the primary administrator of discipline for unacceptable conduct or for conduct which involves infraction of College rules and regulations. The dean will initiate disciplinary sanctions in accordance with these regulations. Disciplinary proceedings are not judicial trials and need not conform to the procedural formality of a trial.

1. A charge involving a student must be filed in writing with the Dean of Students within thirty (30) calendar days of the alleged incident. The Dean of Students must notify the student accused of the infraction. Failure of the student to have his/her current address on record with the College will not invalidate such notice.
   • The Dean of Students will conduct an investigation of the charge or the complaint to determine if the charges, based on preponderance of evidence standard, have merit and if they can be resolved by mutual consent of the parties involved on a basis acceptable to the Dean of Students. An interim suspension may be imposed. If the investigation results from a crime of violence or non-forcible sexual offense, the alleged victim and the accused are entitled to have an advisor or counselor present during his or her participation in the investigation.
   • The Dean of Students will determine appropriate disciplinary sanctions
   • The Dean of Students will notify the accused of the investigation outcome in writing by certified mail. If the student is suspended or dismissed, the student must surrender the student identification card and parking permit to the dean.
2. A student may appeal the decision of the Dean of Students to the Vice President for Academic and Student Affairs, and will have fifteen (15) calendar days to initiate the appeal in writing. In cases of sexual assault or harassment, both the accused and the accuser have the right to apeal the outcome of the investigation/disciplinary decision. The vice president will:
   • Receive a summary of the initial investigatory notes and disciplinary outcome recommended by the Dean of Students
   • Meet with the student and other affected parties to investigate the appropriateness of the initial disciplinary sanction
   • Notify the student in writing by certified mail of the outcome of the appeal
3. A student may appeal the decision of the Vice President to the President in writing within fifteen (15) days of the decision, who will convene the Student Conduct Appeals Committee. The committee will make a recommendation to the President of the College, whose decision is final.
4. The sanction rendered by the Dean of Students is in effect during the period of appeal.  If the student successfully appeals, the College will inform all parties in writing of any sanction change, which will become effective immediately.

Upon written request, alleged victims of violence or non-forcible sex offenses, will receive disclosure of campus student disciplinary proceeding results.  If the alleged victim is deceased as a result of the crime or offense, the disclosure may be requested by the next of kin of the alleged victim.

Both the accuser and the accused will be informed of the outcome of any campus disciplinary proceedings brought alleging a sexual assault.

• To ensure the safety and well-being of others or to preserve College property
• To ensure the student’s own physical or emotional safety and well-being
• If a student poses a definite threat of disruption or interference with the normal operation of the College

Investigation
The Dean of Students will investigate any reported allegation of student misconduct before initiating disciplinary procedures. The dean may meet with any student whose conduct has been called into question. The student will be given the opportunity to present information regarding the incident and will receive a copy of Policy 410.0. Any written correspondence between the dean and the student that is not hand-delivered to the student will be sent certified mail.

After investigation, the dean will impose appropriate disciplinary sanctions. The dean will set a timeframe during which the student will either accept or reject, in writing, the disciplinary sanction. Failure of the student to respond in writing within the timeframe will be considered as an acceptance and the discipline will become final. Where the discipline imposed is rejected in writing by the student, the student must appeal the matter in writing to the Vice President for Academic and Student Affairs. If resolution is not accomplished at this administrative level, the student will have the right to appeal to the Student Conduct Appeals Committee.

• Two faculty members
• Two administrative/professional staff members
• One support staff member

The chair of the Student Conduct Appeals Committee will be selected by the committee. The Dean of Students will be responsible for presenting evidence of charges to the committee.

Functions of the committee are:

• To conduct an appeals hearing with a student charged with an infraction that has resulted in disciplinary sanctions
• To make a recommendation to the College President within three (3) working days, based on evidence presented at the hearing. The committee's recommendation may be to:
  
  • Uphold the proposed discipline
  • Dismiss the complaint
  • Impose an alternative disciplinary sanction

1. Procedural Duties:
   At least seven (7) working days prior to the date set for a hearing before the committee, the Dean of Students will send a certified letter to the student’s last known address providing the student with the following information:
   
   • A restatement of the charge or charges
   • The time and place of the hearing
   • A statement of the student’s procedural rights
   • The names of the committee members
   • Upon written request by the student, the hearing may be held prior to the expiration of the seven-day advance notification period, if the committee chair agrees.
2. Procedural Rights of Students include the following:
   
   • The right to counsel or advisement
   • (The role of the person acting as counsel is solely to advise the student. The advisor is not permitted to ask or answer questions, or make oral arguments. Any case presented must be made by the student.) The College is not responsible for providing counsel for students
   • The right to produce witnesses to the incident (not character witnesses)
   • The right to request, in writing, that the committee chair disqualify any member of the committee for prejudice or bias. A request for disqualification, including specifics about the prejudice or bias, must be submitted at least two (2) working days prior to the hearing. If the disqualification occurs, the President will appoint a replacement. (Note: in the event the request for disqualification involves the committee chair, the student will submit the written request to the College President.)
   • The right to present evidence
   • The right to know the identity of the person(s) bringing the charges
   • The right to give testimony in a campus hearing by means other than being in the same room with the accused student
   • The right to hear witnesses on behalf of the person bringing the charges
   • The right to testify or to refuse to testify without such refusal being detrimental to the student
3. The Conduct of Committee Hearings
   Committee hearings will be confidential and will be closed to all persons except:
   
   
   • The student
   • Counsel/Advisor
   • A recorder
   • Witnesses who have first-hand knowledge of the incident
   • The Dean of Students

If the student fails to appear at the scheduled time, the committee may hear and determine the matter in his/her absence.

1. Chair Action
   The chair will preside at the hearing; call the hearing to order; call the roll of the Committee; ascertain the presence of the student charged; read the notice of hearing and charges; verify the receipt of written notices to the student; report any continuances requested or granted; establish the presence of any counsel/advisor of the student; notify the student and the student’s counsel/advisor of any special or extraordinary procedures that will be used during the hearing; and permit the student to make suggestions or objections to any procedures for the Student Conduct Appeals Committee to consider.
2. Opening Statements
   The Dean of Students will make opening remarks outlining the general nature of the case and testify to any facts the investigation has revealed. The student may make a statement to the Committee about the charge at this time or at the conclusion at the College’s presentation, at his/her election.
3. College Evidence
   College witnesses are to be called and identified or written reports or evidence introduced as appropriate. The Committee may question witnesses at any time. The student may question witnesses or examine evidence at the conclusion of the College’s presentation.
4. Student Evidence
   The student will have the opportunity to make a statement to the Committee about the charge, and may then present further evidence through witnesses or in the form of written memoranda as he/she desires. The committee may question the student or witnesses at any time. The Dean of Students may question the student or witness. The student has the right but will not be required to testify in his/her own behalf; to present witnesses and evidence; and to review and respond to testimony of those who testify against him/her.
5. Rebuttal Evidence
   The committee may permit the College or the student to offer any matter in rebuttal of the other’s presentation.
6. Meeting Concludes

The committee will formulate a written recommendation which the chair will submit to the College President within three (3) working days.

Disciplinary Sanctions
The Dean of Students, the Vice President for Academic and Student Affairs, or the College President may impose any one or a combination of the following disciplinary sanctions for a single violation:

• Disciplinary Warning
  
  
• Disciplinary Probation
  
  
• Restitution
  
  
• Educational Sanction
  
  
• Exclusion from College Facilities or Activities
  
  
• Disciplinary Suspension
  
  
• Expulsion

Students who are prohibited from attending classes or courses in which they are currently enrolled because of disciplinary sanctions may not be entitled to a refund of tuition.

Disciplinary sanctions will not be made part of the student’s permanent academic record but will become part of the student’s confidential record. Cases involving the imposition of sanctions, College suspension, or College expulsion will be expunged from the student’s confidential record seven (7) years after final disposition of the case or seven (7) years after the student has either graduated, transferred, not attended, or enrolled in classes, whichever occurs first.

Disciplinary Warning
This is a written warning that the same conduct or other conduct in violation of this policy during that student’s enrollment at the College may result in additional discipline.

Disciplinary Probation
Disciplinary probation is for a specific period of time. During this time, a student may continue to attend classes, but cannot participate in student or intercollegiate activities. Any further violations may lead to suspension or expulsion from the College.