Section 113 - Student Code of Conduct

Part 1: Examples of Violations

While it is not possible to define each instance of misconduct, the following are intended to convey offenses, which might result in student conduct action:

Violation of written Board of Trustees and college policies, rules or regulations.
Violation of local, state, or federal laws on college property or off-campus when the violation is directly related to the college community.
Violations off-campus, when it adversely affects the educational, research or service functions of the college.
Violations constituting a felony under state or federal law.
Academic dishonesty including, but not limited to, cheating and plagiarism (see the Academic Integrity Policy above).
Disruption by an individual or group in college operations or the rights of others to participate in college programs or services.
Unauthorized entry into or use of college facilities or equipment.
Violation of student electronic mail rules and regulations.
Alleged or actual criminal violence such as possession of weapons or incendiary devices. This could include theft, vandalism, or physical violence against property or another person.
Possession, use, sale, or distribution of alcoholic beverages at the college or college-sponsored events on or off campus.
Physical or psychological/emotional abuse including, but not limited to, stalking, intimidation or harassment.
Hazing activities which endangers the mental and physical health or safety of a student, or subjects a person to public 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 group or organization.

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Sanctions

The college has the authority to impose sanctions for violations of the Student Code of Conduct. One or more of the following sanctions may be imposed.

Warning - A warning is a written notice to students that their conduct has been inappropriate. The warning will note that future violations will result in more serious sanctions. The written warning will be placed in the student’s record.

Probation – A probation period is a specified period of time during which students will have an opportunity to remediate their behavior. Students may be restricted from participation in college classes or activities. Additionally, students may be required to perform some type of work function or attend counseling sessions and complete follow-up recommendations.

Summary Suspension - A suspension, not to exceed ten (10) school days, imposed without a formal hearing to ensure the safety and well-being of members of the College community.

Suspension - Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-admission may be specified.

Expulsion - Permanent denial of the privilege of enrollment.

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Investigation and Informal Process

Any member of the college community may file a written complaint alleging that a student or organization has violated student conduct proscriptions. Persons filing complaints shall be informed of their rights under the Minnesota Statute 13.04, subdivision 2. Following the filing of a complaint against a student, the person responsible for administering the code (in this policy, referred to as the “administrator”) shall conduct an investigation of the charges. The college’s process shall include the following:

If the complaint seems unwarranted, the administrator may discontinue proceedings.
If there is sufficient evidence to support the complaint, the administrator shall offer the accused student an opportunity to resolve the alleged violation at an informal meeting. Five (5) days prior to this informal meeting, the student shall be given oral or written notice of the charges against him/her and of the evidence to support the charge and provided with a copy of the code of conduct. During the informal 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 informal meeting, the administrator shall inform the accused student 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 days may agree to accept the sanction, or may request a formal hearing (see part 4) prior to implementation of the sanction. Other sanctions shall be accepted or may be appealed in accordance with the college’s appeal procedures (see part 5).
If the accused student 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.

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Formal Hearing and Due Process Rights

The college will select the formal hearing panel. The panel will consist of a faculty member and a college counselor. A college administrator, selected by the college president, will serve as facilitator.
Students referred for a formal hearing will be notified in writing at least five (5) school days prior to the hearing of the time, place and date of the formal hearing. The student’s failure to appear at the hearing will not prevent the hearing from proceeding as scheduled.
Within a reasonable time prior to the hearing, the student will be notified in writing of the charges, the evidence to be presented, a list of witnesses, and the nature of their testimony.
The student shall be given the opportunity to speak in his/her own defense, to present witnesses, to question any witnesses and to have an advocate present. 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 for the student to have an attorney as advocate.
A written notice of findings and conclusions will be provided to the student within ten (10) school days after the hearing. The notice will inform the student of any sanctions to be imposed. The notice shall also contain information regarding any applicable appeal process.

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Appeal

The student has the right to appeal the sanction imposed by the formal hearing panel to the college president within ten (10) school days following the hearing. The president will have ten (10) school days to respond to the appeal.

Students have the right to appeal the college president’s decision to an administrative law judge at the Office of Administrative Hearings. The administrative law judge will conduct a hearing and make a recommendation regarding sanction to the MnSCU chancellor or designee. The decision of the chancellor or designee will be final.

Minnesota State College-Southeast Technical