HTC Policies and Procedures
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Students Code of Student Conduct Adaption: 4-15-1998 Revised: 5-12-2005 |
Policy 05.01 |
POLICY STATEMENT
Hennepin Technical College recognizes that all students have responsibilities as citizens and as members of the college community, and that all students attending the college are entitled to gain full benefit from their education. Student responsibilities include regular attendance, punctuality, positive relationships with other students and staff, appropriate behavior and attitude, and acceptable progress, all of which are necessary to assure success in the college.
The college has a responsibility to its students and staff to maintain an environment conductive to furthering its educational mission and to take corrective action when necessary. This code of student conduct incorporates appropriate due process and identifies steps to be taken when conduct occurs which may violate the code.
A summary of this code shall be published in the student handbook and other documents as deemed appropriate. The complete document shall be available in the office of admissions. The college may revise the code as needed.
IMPLEMENTATION PROCEDURE
Definitions
A. The term college property includes all land, buildings, facilities, and other property, real and personal, possessed, owned, leased, used, or controlled by the college including adjacent streets and sidewalks.
B. The term faculty member means any person hired by the college to conduct classroom activities.
C. The term member of the college community includes any person who is a student, faculty member, administrator, or any other person employed by the college.
D. The term student includes all persons taking courses at the college both full-time and part-time. A person who is not officially enrolled for a particular term but who has a continuing relationship with the college is considered a student. A person who was enrolled during a spring term and is expected to enroll for the subsequent fall term is a student during the interim.
E. The term student conduct panel means a panel appointed to provide formal review and decision in student conduct hearings.
College Jurisdiction
College jurisdiction is asserted for violations of the code
of student conduct that occur on college property. College jurisdiction shall
also extend to violations of the code that are not committed on college property
when:
A. The violation is committed while participating in a college sanctioned or sponsored activity; or
B. The victim of the violation is a member of the college community; or
C. The violation is a felony under federal or state law; or
D. The violation adversely affects the educational, research, or service functions of the college.
Student Conduct - Behavioral Proscriptions
A. All students have the responsibility to:
l. Comply with all local, state, and federal laws.
2. Comply with all published college and Board of Trustees’ rules, regulations, policies, and procedures.
3. Recognize and respect the rights of others.
4. Assist the college staff with maintaining a safe college environment.
5. Respect and maintain college property.
6. Dress in a manner that meets standards of safety and health and is appropriate for the occupation for which the student is preparing.
7. Provide complete and accurate information relative to college matters.
B. Examples of conduct which violate the code of student conduct and are subject to disciplinary sanctions by the college include, but are not limited to:
1. Violation of local, state, or federal laws.
2. Violation of published policies, rules, procedures, or regulations of the Board of Trustees or of the college.
3. Acts of dishonesty including, but not limited to cheating and plagiarism, and forging, altering, or misusing college documents or records.
4. Knowingly furnishing false information, oral or written, to the college.
5. Failure to comply with directions of, or to present identification to college officials acting in the performance of their duties.
6. Failure to comply with conditions of sanctions imposed by the college as a result of previous conduct code action.
7. Possession of firearms or other weapons or devices while on college property or at college sponsored or supervised activities except possession specifically authorized by the college. Firearms and other weapons or devices include but are not limited to: pistols; rifles; air guns; shotguns; ammunition; incendiary devices; smoke devices; knives; explosives; bows and arrows; or chemical agents.
8. Use, possession, or distribution of alcoholic beverages, narcotics, or other controlled substances on college property or at college sponsored or supervised activities except as expressly permitted by law.
9. Attending college classes or activities while under the influence of alcohol, narcotics, or other controlled substances.
10. Violating smoking and/or tobacco use regulations.
11. Physical or psychological abuse or harassment of a person, including stalking; abuse or harassment through other persons, or by use of electronic or other communication devices such as audio/video recorders, computers, and telephones.
12. Physical abuse, verbal abuse, threats, intimidation, coercion or other conduct which endangers or threatens to endanger the health or safety of any person.
13. Conduct which results in injury or death to a member of the college community or to a visitor to the college.
14. Engaging in fighting; engaging in assault or battery upon a member of the college community or a visitor to the college; engaging in obscene, abusive, lewd, or profane language; engaging in boisterous or noisy conduct reasonably intended to arouse alarm, resentment, or anger in others; disrupting classes, meetings, or other college activities.
15. Unauthorized entry into college property.
16. Theft of, damage to, or unauthorized use of college property or the property of any member of the college community or of a visitor to the college.
17. Hazing - an act which endangers the mental of physical health or safety of a student, 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.
C. A person who incites or assists others to engage in conduct that violates the student conduct code shall be considered and treated the same as the person carrying out such action.
D. Allegations of discrimination, harassment, violence, or academic dishonesty shall be adjudicated under separate procedures in accordance with the college’s policies on these issues, but violators shall be subject to the sanctions described in the code of student conduct.
E. Academic discipline shall be conducted under a separate college policy. The procedures described in this code of student conduct shall not apply to academic discipline.
Charges and Informal Meeting
Any member of the college community may file a charge against
a student for violating the code of student conduct. Charges shall be prepared
in writing and shall be filed with the Chief Student Affairs Officer (CSAO). A
charge shall be submitted as soon as possible after the conduct takes place,
preferably within three days. The CSAO shall conduct a preliminary investigation
of the charge. If the charge is unwarranted, the CSAO may discontinue
proceedings.
Upon determination that there may be merit to the charge, the CSAO shall:
A. Provide written notice to the accused student that a charge has been filed alleging that the student has violated the code of student conduct. This notice shall state the specific violation(s) alleged and the dates the alleged violation(s) occurred.
B. Provide the student with a copy of the code of student conduct.
C. Inform the student of the nature of the evidence available to support the charge.
D. Giving the student not less than 48 hours to prepare for the meeting, specify a date and time when the student is required to meet with the CSAO to attempt an informal resolution of the charge.
E. Inform the student that failure to appear for the informal meeting shall result in the charge being considered with the information available. Appropriate sanctions, if any, shall then be determined by the CSAO.
If a mutually acceptable resolution cannot be reached during the informal meeting, including any applicable sanctions, the CSAO shall refer the charge to the student conduct panel for formal adjudication.
Formal Hearings
A. The CSAO shall be a member of, and shall chair the student conduct panel. The CSAO shall appoint a student, a dean, a college counselor, and a faculty or staff member as members of the panel. A dean that refers or presents a charge to the panel shall not be a member of the panel that adjudicates the charge. The campus student association shall designate the student member of the panel. The CSAO will provide appropriate training for members of the panel. A majority of the panel members shall constitute the quorum necessary to hear any case.
B. When a dean refers a charge to the panel, the dean shall forward to the panel:
1. A statement describing the alleged violation of the code of student conduct;
2. The name and address of the student charged;
3. The name and address of the complainant; and
4. All relevant facts and statements including the names and addresses of witnesses to the alleged violation.
C. The CSAO, as chair of the panel, shall determine the time, date, and place of the hearing which shall be at least three days after delivery of written notice of the hearing to the accused student. Such notice to the student shall include:
1. A statement of the date, time, and place of the hearing;
2. To the extent known, a list of witnesses expected to appear and a summary of their testimony;
3. A summary description of any documentary or other evidence that may be presented in support of a charge;
4. Notice that the student’s failure to appear will not prevent the hearing from proceeding as scheduled and may lead to imposition of sanctions in the student’s absence.
5. Notice that the student may have an advisor present. If there is a likelihood that the student will face criminal prosecution related to the charge, notice that the student may wish to retain an attorney to act as the student’s advisor.
D. The hearing shall be conducted in the following manner:
1. The dean of the program or course in which the student is enrolled shall first present the charge and supporting evidence including testimony of any witnesses. The accused student shall have opportunity to challenge evidence and to ask questions of any witnesses introduced by the dean.
2. The accused student shall next present evidence or testimony to refute the charge. The dean may challenge evidence presented by the student and may ask questions of witnesses introduced by the student.
3. Only those materials and matters presented at the hearing shall be considered as evidence. The chair shall exclude irrelevant, immaterial, or unduly repetitious evidence.
4. The hearing shall be held in closed session unless a majority of the panel determines there is a compelling reason for the hearing to be open and neither the accused student nor the complainant presents an objection.
5. The accused student may have an advisor present who may provide advice to the student, but who may not question witnesses or otherwise participate in the hearing. The advisor may be an attorney.
6. The hearing shall be audio tape recorded, and the tape shall be kept on file in the office of the CSAO for a period of three years.
E. Upon conclusion of the hearing, the panel in closed session shall consider the evidence presented and decide by a majority vote to exonerate the student or to impose one of the sanctions listed in the code of student conduct.
F. The panel shall send written notice of its findings and conclusions to the accused student including any sanction imposed. The notice shall inform the student of the opportunity to appeal the panel’s decision to the College Chief Academic Officer (CAO) within ten days of the decision. Additionally, in cases involving sanctions or suspensions for ten days or longer, the notice shall inform the student of the student’s right to a contested case hearing under Minnesota law (Chapter 14, Minnesota Statutes).
Appeals
A. A student may appeal a decision of the student conduct panel to the College CAO. The appeal shall be in writing and shall be delivered to the office of the College CAO within ten days of the decision.
B. An appeal shall be limited to review of the record of the hearing and the written appeal for one or more of the following purposes:
1. To determine whether the original hearing was conducted fairly in light of the charge and evidence presented and in conformity with prescribed procedures giving the accused student a reasonable opportunity to prepare and to present a rebuttal of the charge and evidence.
2. To determine whether the decision reached regarding the accused student was based on evidence that demonstrated it was more likely than not that the student violated the code of student conduct.
3. To determine whether the sanction or sanctions imposed were appropriate for the violation of the code of student conduct that the student was found to have committed.
4. Following a review of the hearing and of the appeal presented by the student, the College CAO shall render a decision. The College CAO may uphold the panel’s decision, and sanction may determine that the decision was reached in error or inappropriately, or may determine that the sanction was inappropriate. In the latter case, the College CAO may issue a lesser sanction. If the College CAO believes that the sanction was reached in error or inappropriately, the College CAO may require that the panel hear the case de novo, or may choose to exonerate the student.
5. The College CAO shall notify the student in writing of the College CAO’s decision and of any new sanction imposed.
6. The College CAO’s decision shall be final within the institution and the Minnesota State Colleges and Universities. If the sanction involves suspension for ten days or more, the student shall be informed of the right to a contested case hearing under Chapter 14 of Minnesota Statutes.
Sanctions
Conduct which violates the code of student conduct may result
in the sanctions listed below.
A. Warning: A written notice to the student that the student’s conduct violates the student conduct code. The warning allows the student an opportunity to correct the unacceptable conduct before more serious sanctions are imposed.
B. Probation: A written reprimand that a student has violated the conduct code. Probation is for a designated period of time and includes the probability of additional disciplinary sanctions if the student is found to be violating the conduct code during the probationary period.
C. Suspension: An action that excludes a student for a specific period of time from registration and class attendance. Upon termination of the period of suspension, the student shall be considered for registration, but conditions for re-admission may be specified. Further misconduct, after readmission, may result in expulsion.
D. Restitution: Requiring a student to compensate the college for loss or damage to college property, or for misappropriation of college funds. This may take the form of monetary or material replacement, or appropriate service.
E. Expulsion: Permanent denial of the privilege of registration, class attendance, or any other use of college property.
More than one of the sanctions listed above may be imposed for any single violation. Unless required by Board of Trustees’ policy, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record.
The following sanctions may be imposed upon groups or organizations:
1. Those sanctions listed above in paragraphs A, B, D, and E.
2. Deactivation: Loss of all privileges, including college recognition, for a specified period of time.
Summary Suspension
A. A dean may impose a summary suspension on a student without an informal meeting or formal hearing if the dean has reasonable cause to believe that the student's continued presence on college property is a threat to the safety and well-being of members of the campus community. In such cases, the dean shall first give the student oral or written notice of the dean's intent to determine whether a summary suspension is an appropriate action. Such notice shall:
1. State the specific alleged violation of the code of student conduct;
2. Provide the nature of any evidence in support of the charge;
3. State the date, time, and place for a meeting with the student which shall be within 36 hours of the delivery of the notice to the student;
4. Give an oral or written explanation of the summary suspension which may be imposed on the student; and
5. Notify the student of the student’s right to present oral or written argument against the imposition of the suspension.
B. At the meeting, the dean shall:
1. Consider the evidence relating specifically to the probability of danger to members of the campus community occasioned by the continued presence of the student on college property;
2. Provide the student with an opportunity to show why the student’s continued presence on college property does not constitute a danger to others;
3. Give the student immediate oral notice of the dean's decision and provide the student with written notice of the dean's decision within 24 hours of the meeting; and
4. If summary suspension is warranted, summarily suspend the student while providing the student an opportunity for an informal meeting with the dean or for a formal hearing before the student conduct panel within the shortest reasonable time period. Not to exceed nine days from the date of the summary suspension.
During the summary suspension, the student may not remain on or enter college property without obtaining prior permission from the dean. A student who is summarily suspended and does not leave college property upon receiving oral notice of the summary suspension, or who returns to college property after receiving oral notice of such summary suspension may be subject to permanent expulsion. A student’s refusal to leave college property will be considered trespassing. Local law enforcement officials may be called for assistance.
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