3.6.1 Student Conduct and Sanctions for Violation of Conduct

Responsible Position

Vice President of Academic and Student Affairs

PROCEDURES

Alexandria Technical and Community College is committed to the creation and maintenance of an academic community that fosters the intellectual, personal, social, and ethical development of its students. The college expects that each student will obey the laws enacted by federal, state, and local governments. In addition, there are certain rules and regulations governing student conduct that have been established by the ATCC and the Minnesota State Board.

Disciplinary Offenses

The following are defined as disciplinary offenses actionable by the college.

College Rules and Policies: Violation of any published college policies, rules, or regulations or administrative announcement of the Minnesota State System or the college. This includes, but is not limited to, the Alexandria Technical and Community College Student Handbook.
Academic Dishonesty: Submission of false academic records, cheating, plagiarism, altering, forging, or misusing a college academic record; acquiring or using test materials without faculty permission; or acting alone or in cooperation with another to falsify records or to obtain dishonest grades, honors, or awards.
Unapproved willful absence from class(es).
Forgery, alteration, destruction, or misuse of college documents, records, identification cards, or papers.
Knowingly furnishing false information to the college or other similar forms of dishonesty in college-related affairs, including knowingly making false oral or written statements to any member of the Disciplinary Appeals Committee, Vice President of Student and Academic Affairs, or any other college administrator.
Theft, attempted theft, unauthorized borrowing or use of any college property or service wherever located or the theft, attempted theft, unauthorized borrowing or use of public or private property on college premises, or unauthorized or unsupervised use of college property and/or equipment.
Disruptive Conduct/Behavior: Actions which unreasonably interfere, obstruct, or prevent the regular and essential operations of the college or infringe upon the rights of others to freely participate in its programs and services. This may include, but is not limited to, intentionally and substantially interfering with the freedom of expression of others including speech which incites imminent unlawful acts or which causes reasonable apprehension of physical harm to an individual, participating in a campus demonstration which disrupts substantially or materially the activities of the college, and intentionally obstructing or interfering with the freedom of pedestrian or vehicular movement on campus.
Disorderly or Disrespectful Conduct: Threat to, physical abuse of, or harassment which threatens to or endangers the health, safety, or welfare of a member of the college community; physically assaulting another and fighting or engaging in any offensive language; or in disruptive conduct reasonably tending to arouse alarm, resentment, or anger in others on college-owned or controlled property or at college-sponsored or supervised activities.
Hazing: An act which endangers the mental or physical health or safety of a person; 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 student group, organization, or athletic team.
Inline Skating: Rollerblading, roller skating, and skateboarding in college hallways and/or buildings.
Weapons on Campus: Use or possession of weapons on the college premises unless expressly authorized by the college. "Weapon" is broadly defined to mean any object, device, or instrument designed as a weapon or capable of threatening or producing bodily harm including, but not limited to, all firearms (including BB guns), dangerous knives, explosives, explosive fuels, dangerous chemicals, billy clubs/batons, and fireworks or any other device or instrument which, in the manner it is used or intended to be used, is calculated or likely to produce death or bodily harm.
Controlled Substances on Campus: Use, possession, or distribution of a controlled substance, drugs, and/or drug paraphernalia on college premises.
Alcohol on Campus: Use, possession, or distribution of alcohol on college premises, except as expressly permitted by law and college policy.
Gambling: Gambling for money or other things of value, except as permitted by law.
College Facilities and Services: Unauthorized entry into or use of the college facilities, telephone system, mail system, or computer system or use of any of the above for any illegal act or any act prohibited by the Student Code of Conduct.
Violation of local, state, or federal law on college property or off campus when such violation of the law is directly related to the college.
Encouraging Conduct Violations: Attempts to commit acts prohibited by this code or encouraging others to commit acts prohibited by the code will be punished to the same extent as if one had committed the prohibited act.
Failure to comply with directions of or to present identification to college officials acting in the performance of their duties. This includes failure to comply with conditions of sanctions resulting from previous college conduct action.
Physical or psychological/emotional abuse or intimidation of a person including, but not limited to, stalking, defamation, or intimidation through other persons or use of electronic or other communication devices such as video, computers, or telephones.
Plagiarism: 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 their knowledge.

Sanctions for Violation of Conduct

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.

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 Academic and Student Affairs (VPASA) or designee. This includes, but is not limited to, all acts of academic dishonesty.
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 VPASA or designee.
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 VPASA or designee.
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 VPASA or designee. Conduct suspension is recorded in the private conduct records of the VPASA or designee 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.
Summary Suspension: In certain circumstances the VPASA 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 VPASA or designee.
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 VPASA or designee. 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.
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 VPASA or designee. Conduct expulsion is recorded in the student's academic file.
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 VPASA or designee. Loss of privilege may be imposed separately or in addition to any other sanction(s).
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 VPASA or designee. Restitution may be imposed separately or in addition to any other sanction(s).

Academic Dishonesty

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

College Disciplinary Procedures

The Complaint
- The complaint will be filed with the VPASA or designee.
- 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.
The Investigation
- ATCC 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 VPASA 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 ATCC 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 ATCC campus without obtaining prior permission from the VPASA 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 (VPASA) or designee. The VPASA or designee shall investigate the complaint by interviewing the complainant, the student cited, and others as appropriate.
- If the accusation seems unwarranted, the VPASA or designee may discontinue proceedings. If there is sufficient evidence to support the accusation, the VPASA or designee 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.
Formal Hearing in Appeal of Sanction
The formal hearing shall be conducted within two weeks of the informal process conducted by the VPASA or designee. 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 them,
3. a list of witnesses and nature of their testimony.
  - At the formal hearing the VPASA, or designee, shall present the case for the college. The student shall be given the right to speak on their own behalf, to question any witnesses, and 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 their advisor. When the student intends to bring witnesses, a list of their names and nature of testimony must be provided to the VPASA or designee five (5) 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, 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 VPASA or designee within five (5) 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 VPASA.
Appeal to the President
- Appeal of the decision made by the Disciplinary Appeals Committee brought either by the student, VPASA, or designee must be made in writing to the President within five (5) 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. In addition, 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).

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POLICIES & PROCEDURES