2.5.3 Sanctions for Violation of Conduct Code

The following sanctions shall comprise the range of official action which may be imposed for violation of regulations. One or more sanctions may be imposed.

  1. Conduct Warning: Conduct warning is a notice to students that their conduct has been questionable and that future breaches of conduct will be treated more severely. The warning is recorded in the private conduct records of the Vice President of Student and Academic Affairs. This includes, but is not limited to, all acts of academic dishonesty.
  2. Conduct Probation: Conduct probation is a trial period during which the student must behave in a manner acceptable to the college. The status of conduct probation is assigned for a specific period of time. While on conduct probation, the student is encouraged to seek advice and counsel from appropriate college offices. A conduct board may recommend terms of probation which restrict the student's participation in extra-curricular activities. The terms of probation may involve a conduct contract including, but not limited to, the following:
    • A work contract whereby the student is required to perform some type of work function. The work assignment shall be reasonably safe and related to the violation(s) of the students involved.
    • Counseling contract whereby the student is required to attend regular counseling sessions for the purpose of understanding behavioral motivation factors and accepting responsibility for and modifying behavior accordingly.
    • A contract restricting privileges. Conduct probation status may affect qualifications for some awards, prizes, or aid—particularly those stipulating conduct acceptable to the college.
    Proof of a major violation of the terms of probation or of a further major incident of misconduct shall result in separation from the college for not less than one full academic term. Conduct probation is recorded in the private conduct records of the Vice President of Student and Academic Affairs.
  3. Conduct Suspension: Conduct suspension is an action which excludes students for a specific period of time from registration or class attendance. The privilege of the use of college facilities is withdrawn by this action unless specific permission is obtained from the Vice President of Student and Academic Affairs.
  4. In unusual circumstances (when the presence of the student on campus is deemed to be acceptable for the moment), a college suspension action decided after the eighth week of the term may be deferred until the end of the term by the Vice President of Student and Academic Affairs. Conduct suspension is recorded in the private conduct records of the Vice President of Student and Academic Affairs and appropriately noted in the student's permanent file. Upon termination of the period of suspension, the student shall be considered for registration in compliance with academic admission standards then in effect. Proof of a further incident of misconduct, after the student is readmitted, will likely result in dismissal or expulsion.
  5. Summary Suspension: In certain circumstances the Vice President of Student and Academic Affairs or designee may impose a summary suspension prior to the informal or formal proceedings described in the other sections. A summary suspension may be imposed only when, in the judgment of the administrator, the accused student's presence on the college campus would constitute a threat to the safety and well being of members of the campus community. Before implementing the summary suspension, the accused student shall be given an opportunity to present oral or written arguments against the imposition of the suspension. Notice of intent 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 a formal or informal hearing within the shortest reasonable time period, not to exceed nine days. During the summary suspension the student may not enter the campus without obtaining prior permission from the Vice President of Student and Academic Affairs or designee.
  6. Conduct Dismissal: Conduct dismissal is the withdrawal by the college's president or designee of the privilege of registration or class attendance with no promise (implied or otherwise) that the student may return at any future time. The privilege of the use of college facilities is withdrawn by this action unless specific permission is obtained from the Vice President of Student and Academic Affairs. Conduct dismissal is recorded in the student's academic file. Students on conduct dismissal may be readmitted only by action of the college president or designee. Students who have been dismissed are not eligible for readmission sooner than one year from the date of dismissal. If the students are readmitted, proof of further incident of misconduct shall result in expulsion.
  7. Conduct Expulsion: Conduct expulsion is the permanent withdrawal by the college president of the privilege of registration or class attendance. The privilege of the use of college facilities is withdrawn by the action unless specific permission is obtained from the Vice President of Student and Academic Affairs. Conduct expulsion is recorded in the student's academic file.
  8. Loss of Privilege: Loss of privilege is the withdrawal of a privilege or use of a service for a specific period of time consistent with the offense committed and the rehabilitation of the student. Loss of privilege is recorded in the private conduct records of the Vice President of Student and Academic Affairs. Loss of privilege may be imposed separately or in addition to any other sanction(s).
  9. Restitution: Restitution requires the student to pay for damages for misappropriation of college funds, property, or the property of members of or visitors to the college community. Such reimbursements shall be charged to any student who alone, or through group concerted activities, organizes or knowingly participates in the events causing the damage or costs. Restitution is recorded in the private conduct records of the Vice President of Student and Academic Affairs. Restitution may be imposed separately or in addition to any other sanction(s).

Academic Dishonest Definition

Submission of false academic records, cheating, plagiarism, altering, forging, or misusing a college academic record; acquiring or using test material without faculty permission; or acting alone or in cooperation with another to falsify records to obtain dishonest grades, honors, or awards.

Academic Dishonesty

Academic dishonesty may, at the discretion of the instructor involved, result in a zero grade for that activity and the Vice President of Student and Academic Affairs will be notified. Offenses of academic dishonesty, when reported to the Vice President of Student and Academic Affairs, are subject to sanctions for Student Code of Conduct violations. These violations could result in suspension or dismissal.

Plagiarism

Plagiarism is using the words, ideas, pictures, diagrams, graphs, figures, or projects of others and presenting them as one's own without proper credit to the author or source. Plagiarism can occur in many forms besides writing, such as art, illustrations, speeches, videos, music, computer code, mathematics, and scientific work.

Plagiarism includes but is not limited to

  • Using a direct quote without citing the source.
  • Paraphrasing information without citing the source.
  • Buying, borrowing, or stealing another's work.
  • Turning in another person's work with or without his/her knowledge.

College Disciplinary Procedures

  1. The Complaint
    • The complaint will be filed with the Vice President of Academic and Student Affairs.
    • The complaint citation will be signed by the person entering the complaint. Anonymous citations will not be accepted for entry into the disciplinary process.
    • Any student cited for violation of the Student Code of Conduct will be assumed innocent until a properly constituted investigation determines otherwise.
  2. The Investigation
    • The college reserves the right to suspend immediately and remove from campus without hearing any student that poses an immediate threat to the health or safety of persons on campus. In certain circumstances the Vice President of Student and Academic Affairs or designee may impose a summary suspension prior to the informal or formal proceedings described in the other sections. A summary suspension may be imposed only when, in the judgment of the administrator, the accused student's presence on the college campus would constitute a threat to the safety and well being of members of the campus community. Before implementing the summary suspension, the accused student shall be given an opportunity to present oral or written arguments against the imposition of the suspension. Notice of intent 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 a formal or informal hearing within the shortest reasonable time period, not to exceed nine days. During the summary suspension the student may not enter the campus without obtaining prior permission from the Vice President of Student and Academic Affairs or designee.
    • When a complaint citation has been filed, excluding harassment/discrimination complaints, it shall be given to the Vice President of Student and Academic Affairs. The Vice President of Student and Academic Affairs shall investigate the complaint by interviewing the complainant, the student cited, and others as appropriate.
    • If the accusation seems unwarranted, the Vice President of Student and Academic Affairs may discontinue proceedings. If there is sufficient evidence to support the accusation, the Vice President of Student and Academic Affairs shall offer the accused student an opportunity to resolve the violation at an informal meeting. Prior to this meeting the student shall be given oral or written notice of the specific charges against him/her and of evidence to support the charge. If a mutually acceptable resolution cannot be reached during the informal meeting, including any applicable sanctions, the case shall be referred for the formal adjudication process.
  3. Formal Hearing in Appeal of Sanction

    The formal hearing shall be conducted within two weeks of the informal process conducted by the Vice President of Student and Academic Affairs. The student referred to the formal hearing shall be given five business days advance written notice of time, place, and date of hearing. Student's failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled. The advance notice to the student shall include in writing:
    1. the charges,
    2. the evidence to be presented against him/her,
    3. a list of witnesses and nature of their testimony.
      • At the formal hearing the Vice President of Student and Academic Affairs, or designee, shall present the case for the college. The student shall be given the right to speak on his/her own behalf and to question any witnesses and may have an advisor present. The advisor may provide advice to the student but may not participate in any questioning. When there is likelihood that a student involved in proceedings will face criminal prosecution for a serious offense, it may be advisable that the student has an attorney as advisor. When the student intends to bring witnesses, a list of their names and nature of testimony must be provided to the Vice President of Student and Academic Affairs five business days prior to the hearing.
      • The Disciplinary Appeals Committee shall hear the formal appeal. This committee shall be comprised of five members representing the following: students, faculty, support staff, and college administration.
      • The Disciplinary Appeals Committee may 1) support the imposed sanction, 2) modify by increasing or decreasing the sanction, 3) repeal the sanction. Written notice and rationale of the committee's actions shall be provided to the student and Vice President of Student and Academic Affairs within five business days following the date of the hearing. Notice will be delivered directly to the student, when possible, or mailed to the last known address listed with the Registrar's Office.
      • The decision made by the Disciplinary Appeals Committee may be appealed to the president by either the student or the Vice President of Student and Academic Affairs.
  4. Appeal to the President
    • Appeal of the decision made by the Disciplinary Appeals Committee brought either by the student or Vice President of Student and Academic Affairs must be made in writing to the president within five business days from receipt of the notice of decision. The president shall then conduct an investigation and render a decision within 10 business days of the appeal. The president's decision allows for a full scope of options and shall be final.

The process above provides an avenue of appeal within the institution for any adverse outcome of a conduct proceeding. Also, in cases involving sanctions of suspension for 10 days or longer, students shall be informed of their right to a contested case hearing under Minnesota law (Chapter 14, MSA).

Approved by: ATCC Leadership Council
Effective Date: 2/12/07
Last Date Revised: 1/24/07