Student Code of Conduct

INTRODUCTION

Inver Hills Community College (IHCC) expects all students to exemplify the behavior of responsible members of a civil and educated community. The college sets high expectations for scholarship and conduct through the Student Code of Conduct, Academic Integrity Policy, Acceptable Use of Information Technology Policy and related policies. The standards of behavior are consistent with the educational mission of the college.

Rules for student conduct are consistently enforced in order to maintain an environment that is conducive to learning and personal well being. The guiding principle of college policies is student responsibility and accountability for their actions.

ARTICLE I: DEFINITIONS

1. "College" means Inver Hills Community College. 
2. "Administrator" means that person designated by the college president to be responsible for the administration of the Student Code of Conduct.
3. "Cheating" includes, but is not limited to:  (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the college faculty or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
4. "Expulsion" means permanent denial of the privilege of enrollment at the college.
5. "Hazing" means 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 or organization.
6. "Policy" means the written regulations of the college and Minnesota State Colleges and Universities ("MnSCU") as found in, but not limited to, the Student Code of Conduct, the college and MnSCU Web pages, Board Policy and System Procedure 5.18 and 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus, Board Policy and System Procedure 5.22 and 5.22.1 on Acceptable Use of Computers and Information Technology Resources, and the college catalog.
7. "Preponderance of evidence" means a standard of responsibility that it is more likely than not that the code has been violated.
8. "Plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
9. "Student includes all persons who:
    a. Are enrolled in one or more courses, either credit or non-credit, through the  college;
    b. Withdraw, transfer or graduate, after an alleged violation of the Student Code of Conduct;
    c. Are not officially enrolled for a particular term but who have a continuing  relationship with the college; and/or
    d. Have been notified of their acceptance for admission or have initiated the process  of application for admission or financial aid.
10. "Student organization" means any number of persons who have complied with the formal requirements for college recognition as a club or organization.
11. "Summary suspension" means a suspension imposed without a formal hearing to ensure the safety and well-being of members of the college community.
12. "Suspension" means denial of the privilege of enrollment for a specified period of time after which the student is eligible to return.  Conditions for re-enrollment may be specified.

ARTICLE II: PROSCRIBED CONDUCT

A. Jurisdiction of the Inver Hills Community College Student Code of Conduct

The Student Code of Conduct shall apply to conduct that occurs on college premises, at college sponsored activities, and to off-campus conduct in the following circumstances:

1. Hazing is involved;
2. The violation is committed while participating in a college-sanctioned or sponsored activity;
3. The victim of the violation is a member of the college community;
4. The violation constitutes a felony under state or federal law; or
5. The violation adversely affects the educational, research, or service functions of  the college. 

The administrator shall decide whether the Student Code of Conduct shall be applied to conduct occurring off-campus, on a case by case basis, in his/her sole discretion.

Allegations of discrimination, harassment, and sexual violence shall be resolved pursuant to Board Policy 1B.1, Nondiscrimination in Employment and Education Opportunity, System Procedure 1B.1.1, Report/Complaint of Discrimination/Harassment Investigation and Resolution, Board Policy 1B.3, Sexual Violence Policy, System Procedure 1B.3.1, Sexual Violence Procedure.  Allegations of fraud or dishonest acts shall be resolved pursuant to Board Policy 1C.2, Fraudulent or Other Dishonest Acts.  See www.inverhills.edu for complete policies and procedures.

B. Conduct - Rules and Regulations
Any student found to have committed or to have attempted to commit the following misconduct in circumstances falling under the jurisdiction of this code may be subject to the disciplinary sanctions outlined in Article III:

1. Acts of dishonesty, including but not limited to the following: a. Cheating, plagiarism, or other forms of academic dishonesty; b. Furnishing false information to any college official, faculty member, or office; c. Forgery, alteration, or misuse of any college document, record, or instrument of identification.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other college activities, including its public service functions on or off campus, or of other authorized non-college activities when the conduct occurs on college premises.
3. Physical abuse, verbal abuse, threats, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.
4. Attempted or actual theft of and/or damage to property of the college or property of a member of the college community or other personal or public property, on or off campus.
5. Hazing.
6. Failure to comply with directions of college officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
7. Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to or use of college premises.
8. Violation of any college or board policy, rule, or regulation published in hard copy or available electronically on the college or MnSCU Web site.
9. Violation of any federal, state or local law.
10. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law.
11. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by college or MnSCU regulations), public intoxication, or violation of Board Policy 5.18 and System Procedure 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus.  Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
12. Violation of college policy regarding the use of tobacco products on college premises.
13. Violation of the college Weapons Policy, which includes use of firearms, explosives, other weapons, or dangerous chemicals on college premises or possession of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
14. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the college and/or infringes on the rights of other members of the college community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
15. Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college sponsored or supervised functions.
16. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on college premises or at functions sponsored by, or participated in by, the college or members of the academic community. Disorderly conduct includes but is not limited to:  any unauthorized use of electronic or other devices to make an audio or video record of any person while on college premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. 
17. Any violation of the college Acceptable Use of Technology Policy or Board Policy 5.22 and System Procedure 5.22.1 on Acceptable Use of Computers and Information Technology Resources.
18. Abuse of the student conduct system, including but not limited to:
    a. Failure to obey the notice from a student conduct panel or college official to appear for a meeting or hearing as part of the student conduct system;
    b. Falsification, distortion, or misrepresentation of information before a student conduct panel;
    c. Disruption or interference with the orderly conduct of a student conduct panel proceeding;
    d. Filing an allegation of a violation of the Student Code of Conduct in bad faith;
    e. Attempting to discourage an individual's proper participation in, or use of, the student conduct system;
    f. Attempting to influence the impartiality of a member of a student conduct panel prior to, and/or during the course of the student conduct panel proceeding;
    g. Harassment (verbal or physical) of a member of a student conduct panel prior to, during, and/or after a student conduct proceeding;
    h. Failure to comply with the sanction(s) imposed under the Student Code of Conduct;
    i. Influencing or attempting to influence another person to commit an abuse of the student conduct system.

C. Violation of Law and College Discipline 

College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code of Conduct (that is, if both possible violations result from the same incident) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution.  Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the administrator.  Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

ARTICLE III: STUDENT CODE OF CONDUCT PROCEDURES

A. Investigation and Informal Process

1. Any member of the college community may file a written complaint alleging that a student or student organization has violated student conduct proscriptions.  Any complaint should be submitted as soon as possible after the event takes place.  Persons filing complaints shall be informed of their rights under the Minnesota Data Practices Act.  Following the filing of a complaint against a student or student organization, the administrator shall conduct an investigation of the allegations.   
2. If the complaint seems unwarranted or lacks substantiating evidence, the administrator may discontinue proceedings.
3. 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.  Prior to this meeting, the student shall be given written notice of the specific complaint against him/her and the nature of the evidence available to support the complaint and provided with a copy of the code of conduct.  During the 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 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.
4. 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. If the student requests a formal hearing, he/she must notify the administrator within five business days after the college notifies the student of the sanction (See III.B, Formal Hearing). A student who is subject to sanctions other than expulsion or suspensions longer than nine days may agree to accept the sanction, or may submit an appeal in accordance with the college's appeal procedures (See III.E, Appeals).
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. 

B. Formal Hearing

1. The college president or designee determines the composition of the student conduct panel, which must include student, faculty and staff representation. Students serving on the student conduct panel shall be appointed by the campus Student Senate. 

Student conduct panel hearings shall be conducted according to the following guidelines:

• Student conduct panel hearings normally shall be conducted in private. A quorum of panel members must be present in order for the hearing to proceed. A quorum consists of two student representatives, two faculty members, and one staff member.
• Students or organizations referred for a formal hearing shall be given adequate advance notice in writing of the time, place, and date of the hearing.  A student or organization's failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.  
• Within a reasonable time prior to the hearing, the student must be informed in writing of:  a) the complaint; b) the evidence to be presented against him/her; c) a list of witnesses; and d) the nature of their testimony.
• In hearings involving more than one accused student or organization, the administrator, in his or her discretion, may permit the hearing concerning each student to be conducted either separately or jointly.
• The student shall be given the opportunity to speak in his/her own defense, to present witnesses and 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 a likelihood that a student involved in conduct proceedings will face criminal prosecution for an offense, it may be advisable that the student have an attorney as the advocate. At least three business days prior to the hearing the student will provide the administrator with any written documentation to be presented at the hearing, the names of witnesses who will be called by the student, and whether an advocate will be present.
• Witnesses shall be excluded from those parts of the hearing in which they do not testify. The complainant and the accused student may remain present for the entire hearing. Each witness has the right to be accompanied by one advocate, who shall not participate in the questioning or presentation of information.
• A written notice of findings and conclusions shall be provided to the student within a reasonable time after the hearing.  The notice shall inform the student of any sanction to be imposed.  The notice shall also contain information regarding the applicable appeal process.  
• The hearing may accommodate concerns for the personal safety, well- being, and/or fears of confrontation of the complainant, accused student,  and/or other witness during the hearing by providing for the presence of  law enforcement and/or security, separate facilities, by using a visual  screen, and/or by permitting participation by telephone, videophone,  closed circuit television, video conferencing, videotape, audio tape,  written statement, or other means, where and as determined in the sole  judgment of the administrator to be appropriate 

C. Sanctions 

1. The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct:

•  Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.
• Probation - A written reprimand for violation of specified regulations.  Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.  The college may impose specific written conditions for the probation. 
• Loss of Privileges - Denial of specified privileges for a designated period of time. Examples include administrative withdrawal of the student from a course; denial of access to specific college facilities, courses, programs, services or activities; denial of such benefits as receiving institutional financial aid, registration, representing the college in a specific capacity, and holding office in campus clubs/organizations.
• Restitution - Compensation for loss, damage, or injury.  This may take the form of appropriate service and/or monetary or material replacement.
• Discretionary Sanctions - Work assignments, essays, service to the college, or other related discretionary assignments.
• Suspension - Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return.  Conditions for re-enrollment may be specified. Suspensions lasting ten days or longer shall be noted on the student's transcript.
• Expulsion - Permanent denial of the privilege of enrollment at the college. Expulsions shall be noted on the student's transcript.
• Revocation of Admission and/or Degree - Admission to or a degree awarded from the college may be revoked for fraud, misrepresentation, or other violation of college standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
• Withholding Degree - The college may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.

More than one of the sanctions listed above may be imposed for any single violation.

2. The following sanctions may be imposed upon groups or organizations:
    a.  Those sanctions listed above;

    b.  Loss of selected rights and privileges for a specified period of time;

    c.  Deactivation - Loss of all privileges, including college recognition, for a specified period of time.

D. Summary Suspension

In certain circumstances, the administrator may impose a summary suspension prior to the informal or formal proceedings described in the previous articles.  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.  To the greatest extent possible before implementing the summary suspension, the accused student shall be given oral or written notice of the intent to impose summary suspension and shall be given an opportunity to present oral or written arguments against the imposition of the suspension.  However, the refusal of a student to accept or acknowledge this notice shall not prevent the implementation of a summary suspension.  Notice of 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 business days.  During the summary suspension, the student may not enter the campus without obtaining prior permission from the administrator.

E. Appeals

1. A decision reached by the student conduct panel or a sanction imposed by the administrator may be appealed by the accused student(s) or complainant(s) to the Vice President for Student Affairs within five business days of notification of the decision. Such appeals shall be in writing and shall be delivered to the administrator or his or her designee. 
2. Except as required to explain the basis of new information, an appeal shall be limited to a review for one or more of the following purposes:
   a. To determine whether the informal or formal hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code of Conduct was violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
   b. To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code of Conduct occurred.
   c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct which the student was found to have committed.
   d. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original informal or formal hearing.
3. If an appeal is upheld by the Vice President, he/she may take any appropriate action.  If an appeal is not upheld, the matter shall be considered final and binding upon all involved except that in cases involving sanctions of suspension for ten days or longer, students shall be informed of their right to a contested case hearing under Minnesota Statutes, Chapter 14.